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040 _cVITAP
082 _223rd
_a346.54004 GAN
100 _912698
_aGandhi, B. M.
245 _aEquity, Trusts and Specific Relief :
_balong with a chapter on Fiduciary Relationships /
_cB. M. Gandhi
250 _a4th Ed.
260 _aLucknow
_bEastern Book Company
_c2007
300 _aLXVII, 498p. : ill. ; 24cm
521 _aIt includes Preface, Contents, Table of Cases, Bibliography and Subject Index Pages. Description: Overview: 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
650 0 _912699
_aTrusts and trustees; India; Equity; Equitable remedies
856 _uhttps://www.ebcwebstore.com/product_info.php?products_id=998
942 _2ddc
_cREF
_e23rd
_h346.54004
_mGAN