the inhabitants of that State enjoyed against its former rulers, availed them nothing against the British Government and could not be asserted in the Courts established by that Government. On the other hand, by Art. But the cases which have come up before this Court have shown that this is by no means the universal rule. It is necessary, therefore, to express my opinion on the ques- (1) 1955.C.R. The order proceeded to state: "It the possession is still with Government please ask the Officer of the Forest Department to retain the same and to refuse to issue passes, etc., to private contractors and purchasers'. The next conten- tion was that the Tharao or order of March 12, 1948 was a 540 legislative act and as all the old laws of the State were to continue to be in force except as modified by the Indian States (Application of Laws). By the first clause it was declared that according to the law of Udaipur the shrine of Shrinathji had always been and was a religious institution for the followers of the Vaishnava Sampradaya and that all the property immovable and movable dedicated, offered or presented.
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State of Orissa, 1962.C.R.
When the Constitution of India came into force the respondent and persons similarly situated who had title to immovable property in the Sant State had a title to the said property and were in actual possession thereof. There is nothing in the Constitution which transformed the claims which till January 25, 1950, had not been recognized into property rights so as to prevent all further exercise of the act of State, and extinguish the powers of the Union to refuse to recognize. When the Constitution of India came into force the respondent and persons similarly situated who had title to immovable pro- perty in the Sant State had a title to the said property and were in actual possession thereof. For the latter proposition support was sought on the observations of Lord Alverstone.J. The State of Orissa and Ors.(2) as laying down the following propositions: 1) 'Act of State' is the taking over of sovereign power by a State in respect of territory which was not till then a part of its territory, either by conquest, treaty. It is also not to be assumed that the Constitution-makers were oblivious of the need for continuity of the law when the Indian States were absorbed and a change in sovereignty took place. The Act of State continued because Government was taking time girl interrupted movie essay to consider whether to accept the Tharao or not and while the decision was being reached, there was a second change inasmuch as the present Constitution was passed.
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