AIR 1926 MADRAS 706 ::1926 Mad WN 897 ::1926 ILR (49) Mad 349 ::1926 (50) Mad LJ 699 ::1926 (96) Ind Cas 1011

Madras High Court

Hon'ble Judge(s): Venkatasubba Rao, Srinivasa Ayyangar , JJ

(A) Charter Act (3 and 4 Will. IV Ch. 85) , S.1— 'Trust' is not used in strict sense as in Trusts Act - Crown. The word "trust" is not used in the Charter Act in its strict technical sense and it will be far-fetched to hold that because the word used is "trust", therefore the law of trusts as strictly understood should govern the relations of the Company and the Crown. (B) Crown Grants Act (15 of 1895) , — Scope. The Act is not ultra vires of the Indian Legislature. Per Srinivasa Ayyangar, J. - The Crown Grants Act is not an enacting or enabling measure but for which the Crown could not make a particular kind of grant but is only an explanatory and declaratory Act and in terms refers only to grants made subsequent to 1882. (C) Madras Regulation (25 of 1802) , S.8— Section does not necessarily apply to sanads issued after passing of the Regulation. The fact that a sanad was granted after the date of the regulation does not necessarily make it a sanad issued under the Regulation. And the mere use of the words "sanad-i-milkiyat-i-istimrar" does not show that the Regulation governs the sanad : Per Srinivasa Ayyangar, J. - Section 8 and the Act its....