Equity, Trust and Fiduciary Relationship

Dibrugarh University · LL.B. Semester 6 · B.A.,LL.B.: 6.5

Unit 1 — Concept of Equity

1.1 Concept of Equity, Nature, history and development in Roman Law and English Common Law · 1.2 Equity Court and Common Law Courts in England; Equitable Rights, Remedies and Procedure · 1.3 Classification of Jurisdictions of Equity Courts · 1.4 Unification of Equity and Common Law Courts and the Provisions of the Judicature Acts of 1873-75

Unit 2 — Major maxims or principles of equity and their application

2.1 Equity will not suffer a wrong to be without a remedy, Equity follows the Law · 2.2 He who seeks equity must do equity · 2.3 He who comes into equity must come with clean hands · 2.4 Delay defeats equity, Equality is equity · 2.5 Equity looks to the intent rather than the form; · 2.6 Equity looks on that as done which ought to be done · 2.7 Equity inputes and intention to fulfill an obligation · 2.8 Where there is equal equity; the law shall prevail

Unit 3 — The Indian Trusts Act, 1882

3.1 Historical background of the Act · 3.2 Classification or kinds of Trusts · 3.3 Creation of Trusts · 3.4 Trustees-their duties and liabilities; Trustees-their rights and powers, Trustees and their disabilities under the Indian Trusts Act

Unit 4 — Beneficiaries

4.1 Beneficiaries and their rights and liabilities, · 4.2 Appointment and Discharge of Trustees, Extinction of Trust, Obligations in the nature of Trusts and Fiduciary relations, · 4.3 Concept of Equity and its relevance and Application in Indian Legal System

Unit 5 — Special Legislations

5.1 Basic objects and Principles of the Charitable and Religious Trusts Act, 1920 · 5.2 Basic objects and Principles of the Religious endowment Act, 1863 · 5.3 Basic objects and Principles of the Societies Registration Act, 1860 Leading Cases: i) Official Trustee, W.B. & Others V Sachindra Nath Chatterjee & Others(1969) 3 SCR-92 ii) ii) Allahabad Bank Ltd. V The Commissioner of Income Tax, W.B. AIR 1953 SC 476