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

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.

Reviews

The topics dealt in the book show that the book covers almost all aspects of equity. The evolution of the principle of equity in India is also discussed at appropriate places. Throughout the book the author follows a simple and lucid style of narration. The book, which gives a meaningful analysis of the law relating to equity, trusts and specific relief will be of immense use to students, researchers, lawyers and teachers. The book is moderately priced and will be a worthy addition to any law library.

- Academy Law Review

The arrangement of the chapters and the synopsis for each chapter makes the book an easy reference for the reader. Different aspects of the subject are treated analytically and in depth. Students, academicians, lawyers and judges will be greatly benefitted by this work.

- Cochin University Law Review

The different facets of the subject are treated analytically and in depth. An asset to all law libraries.

- Kerala Law Times

This book is sure to be considered one of the best in the field of law and will be of immense use to the members of the Bench and the bar.

- Gujarat Law Reporter

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