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

58 The Common Law in Indiadistribution when a father dies intestate. The rulehas, however, been held to apply to persons subjectto English law in India. 79 The equity of part performancewhich in England mitigated the rigour ofthe Statute of Frauds by taking a parole contractout of it when it had been partly performed seemedat one time to apply to India to the extent of takingaway the application of the laws requiring registrationand other formalities in such cases. 80 The doctrinehas now been in a partial form incorporated into thestatute governing transfer of property. 81However, the statute law of India has incorporatedin itself to a substantial extent equitable rules anddoctrines. The Indian Trusts Act of 1882 embodiesin a concise form the whole structure of trusts builtup by the equity courts in England. In order toclarify the principles enacted in the sections, illustrationshave been appended to some of them whichin many cases are based on English decisions. TheAct also deals with " certain obligations in the natureof trusts." These are attempts to enumerate broadlycircumstances under which a person may be placedin the position of a trustee in reference to another.These " obligations in the nature of trusts " are nodifferent from the implied and constructive trustsfound in the decisions of the English equity courts.Another instance of an almost bodily transplantationof the doctrines of English equity courts is tobe found in the Specific Relief Act of 1877. It deals" Kerwick v. Kerwick (1920) 47 I.A. 275.80Mahomed Musa's Case (1914) 42 I.A. 1.« Transfer of Property Act, 1882, s. 53A.