Law:

Section:

ACT: Court of Wards-Powers-Transactions by Court of Wards-- Court's power to review-Court of Wards acting on behalf of a ward and a guardian acting on behalf of a minor-Difference in the legal position of-Licences extending beyond the period of the minority of the ward-Validity-Sanction- Requirements-Court of Wards Act, 1879 (Bengal Act IX of 1879), s. 18-Guardians and Wards Act, 1890 (VIII of 1890), s. 29(a). HEADNOTE: Section 18 of the Court of Wards Act, 1879, provides that the Court of Wards "may sanction the giving of leases or farms of the whole or part of any property under its charge, and may direct the mortgage or sale of any part of such property, and may direct the doing of all such other acts as it may judge to be most for the benefit of the property and the advantage of the ward". In exercise of the power conferred by this section the Court of Wards sanctioned a deed of prospecting license in favour of B, the predecessor in interest of the appellant, and the same was executed on 26-3-1915. Subsequently, on 23-11-1917 the manager of the Court of Wards executed a deed modifying the terms of the deed dated 26-3-1915, by virtue of which the period of license could be extended up to 26-3-1951 under certain conditions. On 10-8-1937 the respondent having become major assumed management of the estate and thereafter repudiated the aforesaid deeds and contested their validity on the grounds, inter alia, (1) that the deed dated 26-3-1915 was not for the benefit of the ward as the clause therein relating to the payment of the cess was less advantageous to him than the corresponding clause in the prospecting license executed by the then proprietor of the estate on 26-11-1907 in respect of another property known as the Bokaro license, and that the Court of Wards executed the deed in question without bestowing any thought to it, (2) that the Court of Wards had no power to enter into the transaction dated 23-11-1917 as it had the effect of preventing the ward from dealing with his estate for over a period of 32 years after he attained majority, (3) that in granting the deed dated 23-11-1917 the Court of Wards considered only the benefit of the grantee and not that…

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