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exercised beyond the prescribed period
fixed by the perpetuity rule, the covenant is regarded as
altogether void. It has therefore ... land which attracted the operation of the perpetuity rule.
Sir George Jessel M. R. observed, in his judgment, that
Supreme Court of India
void because the same was against the rule against perpetuity and the law
of alienation; that Rukmani Ammal ... asserting that the said clause
violated the rule against perpetuity.
6
7. Respondent No.1 examined himself
Supreme Court of India
they did, are the 'void as against the rule of perpetuity ?
3. If they did not, are they void under ... rule of perpetuity on
the general principles of Hindu or English law ?
19. According to English law these covenants would
Bombay High Court
equity, would not come
within the mischief of the perpetuity rule. This has been made clear in
Section ... land which attracted the operation of the perpetuity rule. Sir
George Jessel, M.Rule, observed in his judgment, that
Calcutta High Court
other words, because it is
obnoxious to the rule against perpetuities. And lastly it is contended
that in no case ... clear upon that point. It follows that the rule against
perpetuities cannot be invoked for the purpose of arguing that
Allahabad High Court
will or codicil without
trans-grassing the rule against perpetuities appoint.
The expression 'such share' in Sub-clause (g) refers ... will
or codicil without transgressing the rule against perpetuities appoint,
or (in trust for) any other person or persons
Bombay High Court
operative in law being in contravention of the rule against perpetuity.
Thirdly, he submitted that even if the trust ... time, violated the rule of perpetuity. He submitted
that perpetuity rule would apply to trusts of every type
Income Tax Appellate Tribunal - Pune
belong,"
30
.lm0
This section provides the rule against
perpetuity so that even though the talukdar
under ... transfer or bequest which might infringe the
rule against perpetuity. Section 13 deals
with procedure relating to transfers by gifts
Supreme Court of India
future heirs" and since the trust offended the
rule against perpetuities it was void in law and all the
properties ... settlement to any person
contrary to the rule against perpetuities or the rule
against the accumulations enures to the benefit
Supreme Court of India
renew it every ten years-Covenant
whether offends rule against perpetuity.
HEADNOTE:
The respondent by a deed executed ... covenants that ran with the land offended
the rule against perpetuity in s. 14 of the Act.
HELD: The 'appeal
Supreme Court of India
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