LLB · Semester 4 · Paper K-4005
Chaudhary Charan Singh University
Law of Trust, Equity, and Fiduciary Relation
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“Nature of Equity”, the complete chapter, exactly as it appears in the full notes.
| Indian Statute | Equitable Principle Codified |
|---|---|
| Specific Relief Act 1963 | Injunctions, specific performance, rectification, rescission |
| Indian Trusts Act 1882 | Trust & fiduciary obligations (split legal/equitable title) |
| Indian Contract Act 1872 (S.68-72) | Quasi-contract, unjust enrichment |
| Transfer of Property Act 1882 (S.53A) | Doctrine of part performance |
| CPC 1908 (S.151) | Inherent power to do complete justice |
Chapter by chapter, mapped to the LLB Semester 4 syllabus.
About the Law of Trust, Equity, and Fiduciary Relation paper and these notes.
The notes start with equity: its nature, the history of courts of equity, the relation between law and equity, the maxims of equity and equitable remedies. They then cover trusts under the Indian Trusts Act 1882: essentials, fiduciary relationship, classification, private and public trusts, trustees' appointment, powers and duties, breach of trust, beneficiaries' remedies and constructive trusts.
In the Earl of Oxford's Case (1615), King James I decreed that equity prevails in a conflict. The Judicature Acts 1873-75 later fused the two systems into a single Supreme Court of Judicature. The notes also discuss the 'fusion fallacy'.
The notes examine all 12 maxims of equity in detail, such as he who comes to equity must come with clean hands, he who seeks equity must do equity, delay defeats equities and equity follows the law, with a quick guide to which maxim applies on given facts.
The three certainties (Lord Langdale's rule) are certainty of intention, of subject matter and of objects. Precatory words like 'I hope' or 'I wish' do not create a binding trust. The notes explain them alongside the definition of trust in Section 3 of the Indian Trusts Act 1882.
The notes explain cy-pres in the chapter on public trusts, including when it can be applied, the difference between private and public trusts, and suits concerning public charities under Section 92 CPC.
Chapters marked as asked every year in the notes are the maxims of equity, trust distinguished from contract, power, condition, charge and personal obligation, public trusts, rights and powers of trustees, and constructive trusts.
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