Equity and Trust Law
Savitribai Phule Pune University · LL.B. Semester 1 · LDSE 0506
Unit 1 — Introduction to Private Trust:
1. Objects, Basic Concepts, Kinds of Trusts · 2. Private trust and Public trust · 3. Comparison of Trust with other relationships - Trust and Ownership, Trust and Bailment, Trust and Agency, Trust and Contract, Trust and Equitable Charge, Trust and Mortgage, Trust and Administration
Unit 2 — General Principles:
1. Creation of Trusts · 2. Appointment of Trustees · 3. Vacating the Office of Trustee · 4. Extinction of Trusts
Unit 3 — Regulation of Relationship Between Trustee and Beneficiary:
1. Duties and Liabilities of Trustees · 2. Rights and Powers of Trustees · 3. Disabilities of Trustees · 4. Rights and Liabilities of the Beneficiary · 5. Certain Obligations in the Nature of Trusts · 6. Fiduciary Relationship - Meaning, Express and Constructive Trusts, Application of the Principle of fiduciary Relations and Exceptions. Part II The Maharashtra Public Trusts Act, 1950:
Unit 4 — Introduction to Public Trust:
1. Objects, Application, Basic Concepts / Definitions, and Kinds of Trusts · 2. Establishment · 3. Charitable Purposes and Validity of Certain Public Trusts · 4. Registration of Public Trusts · 5. Change Reports · 6. Framing of Schemes
Unit 5 — Supervision and Control of Public Trusts:
1. Budget, Accounts and Audit · 2. Powers and Duties of, and Restriction on Trustees · 3. Control of Public Trusts - Powers and Functions of Charity Commissioner · 4. Other Functions and Powers of Charity Commissioner
Unit 6 — Special Provisions under the Act:
1. Special Provision as Respects Religious and Charitable Institutions and Endowments · 2. Public Trusts Administration Fund · 3. Offences and Penalties · 4. Function of Charity Commissioner, Procedure, Jurisdiction and Appeals Part III Principles of Equity:
Unit 7 — Development and Maxims of Equity:
1. Concept of Common Law and Common Law Courts · 2. Concept and Definition of Equity · 3. Origin and Development of Equity · 4. Fusion of Common Law and Equity · 5. Recognition of Equity under Indian Legal System - Overview · 6. Maxims of Equity - · a) Equity will not suffer a wrong to be without a remedy · b) Equity follows the law · c) He who seeks equity must do equity · d) He who comes to equity must come with clean hands · e) Delay defects equity · f) Equality is equity · g) Equity looks upon that has done which ought to have been done · h) Equity looks to the intent rather to the form · i) Equity imputes an intention to fulfill an obligation · j) Equity acts in personam · k) Where the equities are equal the first in time shall prevail · l) Where there is equal equity, the law shall prevail