The Common Law in India - College of Social Sciences and ...

100 The Common Law in Indiaaccomplished in framing the law of testamentary andintestate succession. Its second purpose was to completethe code of the law of contract in so far as itrelated to immovable property. 77Though the Act covers a large area of the law oftransfer of real property, it does not profess to be acomplete code. It was intended to define and amendthe existing law and not to introduce any newprinciples. 78 When, therefore, the provisions of theAct are not applicable to a case, the courts are entitledto apply rules of English law, not inconsistent withthe Act, as rules of justice, equity and good conscience.Cases arising out of transactions made prior to theapplication of the Act to a particular State would alsobe governed by the principles of the common law."PERPETUITIESA perpetuity in its modern sense denotes an interestwhich will not vest till a remote period. Looked atfrom this point of view, what is now called the ruleagainst perpetuities may perhaps be more appropriatelycalled the rule against remoteness inasmuch asit restrains the creation not of interests which areinalienable or indestructible but rather of futureinterests which are intended to vest absolutely beyondspecified limits of time. 80" Whitley Stokes, op. cit., p. 726." Tajjo Bibi v. Bhagwan Prasad (1918) I.L.R. 16 All. 295.Maharaja of Jeypore v. Bukmini Pattamahevi (1919) 46 I.A.109, 118.80 Ashutosh Mukhopadhyay (later Sir Ashutosh Mookerjee) TheLaw of Perpetuities in British India Tagore Law Lectures,p. 25; Mulla's Transfer of Property Act, 4th ed., p. 102.