Equity, Trusts and Specific Relief alongwith a chapter on Fiduciary Relationships at Meripustak

Equity, Trusts and Specific Relief alongwith a chapter on Fiduciary Relationships

Books from same Author: B.M. Gandhi

Books from same Publisher: Eastern Book Company

Related Category: Author List / Publisher List


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  • General Information  
    Author(s)B.M. Gandhi
    PublisherEastern Book Company
    Edition4th Edition, Reprinted 2018
    ISBN9789387487918
    Pages448
    BindingPaperback
    LanguageEnglish
    Publish YearSeptember 2018

    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