Description
Eastern Book Company Equity, Trusts And Specific Relief Alongwith A Chapter On Fiduciary Relationships by B.M. Gandhi
The author has traced the evolution of the principles of equity in India, covering in the process all aspects of the subject. The aim and object of Equity and its role have been explained lucidly. A reference to the principles of Equity becomes necessary in the Indian courts in the matter of interpretation of the relevant statutes of property, contract, mortgages, trusts, specific relief and the like where the statute is silent on a particular point. For example, in cases arising out of contract, equity steps in and takes over and imposes liability upon the defendant to the plaintiff. The principles of justice and conscience are thus the basis of equity jurisdiction and equity has a role to play in the field of tort too.
The author has taken pains to show the use of Equitable principles in the Indian context, and has also made a comparison with the English law on the subject.
To bring the book in line with revised law curriculum a new Fiduciary Relationship has been added, discussing what is a fiduciary relationship, how it comes into existence along with a list of cases, wherein it springs up.
New and recent cases, discussing the general parens patriae jurisdiction of courts over religious and charitable trusts, guidelines when one trustee may act for all, what type of questions might arise in cases for specific performance and benefit gained by unjust enrichment (from fiduciary relationship) must be restored back to the trust have been included.
All important decisions relating to specific performance of the contract have also been taken note of.
An elaborate subject index and table of cases add to the utility of the book.
Table Of Contents:
TABLE OF CASES
PART I
I. Equity-Its Nature, History and Courts
II. Equitable Rights and Interests: Nature and Classification
III. Maxims of Equity
IV. Priorities and Assignments
PART II: SPECIFIC EQUITIES, EQUITABLE DOCTRINES AND EQUITABLE RIGHTS
V. Penalties and Forfeitures
VI. Mortgages, Liens and Merger
VII. Married Women, Infants, Idiots and Lunatics
VIII. Accident, Set-off, Fraud and Undue Influence
IX. Administration of Assets, Equitable Estoppel and Five Great Doctrines
PART III: TRUSTS
X. History of the Trusts
XI. Definition and Distinctions
XII. Classification of Trusts
XIII. Creation of Trusts
XIV. Trustees-Their duties and liabilities
XV. Trustees-Their rights and powers
XVI. Trustees-Their disabilities
XVII. Rights and Liabilities of the Beneficiary
XVIII. Appointment and Discharge of Trustees
XIX. Extinction of Trusts
XX. Obligations in the Nature of Trust
PART III-A: FIDUCIARY RELATIONSHIPS
XXI. Fiduciary Relationship
PART IV: SPECIFIC RELIEF OR EQUITABLE REMEDIES
XXII. Equitable Remedies-Nature and Scope
XXIII. Recovering Possession of Property
XXIV. Specific Performance of Contracts
XXV. Rectification, Rescission, Cancellation and Declaration
XXVI. Injunctions
BIBLIOGRAPHY
SUBJECT INDEX