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1954 Supreme(Raj) 15

WANCHOO, BAPNA, SHARMA
Rao Bhagwat Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
R.K. Rastogi, for Applicant; C.B. Bhargava, Deputy Govt. Advocate

WANCHOO, C J.—This is a reference by a Division Bench of this Court, and the following two questions have been referred to the Full Bench for reply:—

(1) Whether the provisions of sec. 8(1) (c) (ii) (iii) iv) read with sec. 12 of the Court of Wards Act are inconsistent with the provisions of Articles 14 and 19 (i) (f) and (5) of the Constitution.

(2) Whether the provisions of sec. 9 (3) of the Court of Wards Act of 1951 is repugnant to Art. (19) (i) (f) and (5) of the Constitution of India ?

2. The facts, which have led to this reference, may be briefly narrated. The applicant Rao Bhagwatsingh is the jagirdar of Duni. The Government is intending to take action under sec. 8 (1) (c) of the Court of Wards Act, 1951, for declaring the applicant incapable of managing or unfitted to manage his estate, and in that connection the Collector of Jaipur has been directed to make an enquiry under sec, 9(1) of the Act into the circumstances of the applicant, and the extent of his indebtedness. The applicant, thereupon, contended before the Collector that certain provisions of the Court of Wards Act were ultra vires. He also gave notice to the State not to proceed against him under sec. 8(1) (c) of




































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