S KULDIP SINGH Vs. PUNJAB STATE
HIGH COURT OF PUNJAB AND HARYANA
S KULDIP SINGH
Click here to view full judgement.
(1.) TWO points arises for decision in the present case, viz. , (1) whether Section 5 of the Punjab court of Wards Act is ultra vires the Constitution; and (2) whether the Financial Commissioner's notification dated 21-10-1952 placing the estate of the-petitioner under the superintendence of the Court of Wards is 'mala fide' or in excess of the powers conferred by law.
(2.) ON 3-10-1952 the Punjab Government made an order under Section 5 (2) (d) of the Punjab court of Wards Act, 1903, directing that the property of S. Kuldip Singh petitioner, a well-to-do 'zamin-dar' of the Jullundur district, be placed under the superintendence of the Court of Wards and on 21-10-1952 the Financial Commissioner issued a notification under Section 9 of the said act that the Court of Wards had assumed superintendence of the property with effect from 3-10-1952. The petitioner has submitted a petition under Article 226 of the Constitution and principal point which has been agitated before us is that Sub-section (2) of Section 5 of the Act of 1903 constitutes an unwarranted abridgment of the petitioner's right to acquire, possess and dispose of property.
(3.) THIS sub-section is in the following terms:
" (2) When it appears to the State Government that any landholder is: (a) by reason of being a female; or (b) owing to any physical or mental defect or infirmity; or (c) owing to his having been convicted of a non-bailable offence and to his vicious habits or bad character; or (d) owing to his having entered upon a course of wasteful extravagance likely to dissipate his property; incapable of managing or unfitted to manage his affairs, the State Government may make an order directing that the property of such landholder be placed under the superintendence of the Court of Wards: "provided that such an order shall not be made on the ground stated in Clause (c) or on the ground stated in Clause (d) unless such landholder belongs to a fanrly of political or social importance and the State Government is satis-fled that it is desirable on grounds of public policy or general interest, to make such order. ";
Copyright © Regent Computronics Pvt.Ltd.