Equity, Trust and Fiduciary Relations
Chaudhary Devi Lal University · LL.B. Semester 6 · 509 A
Unit I
Concept of Equity: its Nature, History and Development in Roman law and English Common · Ee. Equity Court and Common Law Courts in England · } Equitable Rights, Remedies and Procedure · Classification of Jurisdictions of Equity Courts · Unification of Equity and Common Law Courts and the Provisions of the Judicature Acts of 1873-75
Unit II
Major Maxims or Principles of Equity and their Application: Equity will aot suffer a wrong to be without a remedy, Equity follows the Law · He who seeks equity must do equity; defeats equity, Equality is equity · Equity looks to the intent rather than the form, Equity looks on that as done which ought to be done, Equity inputs and intention to fulfill an obligation, Where there is equal equity, the law shall prevail · Where equities are equal, the first in time shall prevail · Equity s in Personam · He who comes into equity must come with clean hands, Delay
Unit III
Historical background of the Indian Trusts Act, 1882, Of Trusts · Trustees: Appointment and Discharge of Trustees, Duties & Liabil · Their disabilities under the Indian Trusts Act
Unit IV
assification or kinds of Trusts, Creation ities, Rights & Powers and Beneficiaries: Rights and Liabilities · Extinction of Trust, Obligations in the nature of Trusts and Fiduciary relations · Concept of Equity and its relevance and Application in Indian Legal System