Semester: II Syllabus with Effect from: January - 2014 Paper Code: UL02ELLB02 Total Credit: 4 Title Of Paper: Equity, Trust & Specific Relief Act
Unit Description in Detail Weightage (%)
I Equity- Its origin, nature, history and developments Equity- Definition, Descriptions, Characteristics Equity- Subject matters and Needs Equity and England Common Law 25% Equity- Supplementary to Common Law Equity-The chancellor Equity- The fusion and Effects of The Judicature Acts- and Consolidation Acts II Maxims of Equity-Meaning, Application And Cases Etc... Equity will not suffer a wrong to be without a remedy Equity follows the Law Equity acts in personam Delay defeats equity He who seeks equity must do equity 25% He who comes into equity must come with clean hands Equality is equity Equity looks to the intent rather than the form Equity looks on that as done which ought to be done Equity imputes an intention to fulfill an obligation Where there are equal equities, the law shall prevail. III History developments and concept of Trust Definition , classification and kinds of Trust Creation of Trusts 25% Appointments, Discharge, Duties and Liabilities of Trustees Right, Powers and Disabilities of Trustees Extinction of Trusts IV Specific Relief Act Persons against whom specific enforcement can be ordered Rescission and cancellation 25% Injunction : Temporary and Perpetual Declaratory orders Discretion and power of court Basic Text & Reference Books:- Equity, Trusts and Specific relief B.M.Gandhi Equity, Trusts and Specific relief S.T.Desai Equity, Trusts and Specific relief M.P.Tondon Equity, Trusts and Specific relief G.P.Singh Equity, Trusts and Specific relief N.K.Agrawal Equity, Trusts and Specific relief Tripathi