Law of Equity and Trust

Law of Equity and Trust

Law of Equity

Notion, Nature and Scope of Equity, Origin and Development of Equity, Comparison between Common Law and Equity; Jurisdiction of Equity in English Legal System; Court of Chancery or Equity Courts: Nature, Composition, Powers and Functions, Application of Equity Jurisdiction in Bangladesh; Maxims or Principles of Equity and their Recognition and Application with Leading Cases; Classification of Equitable Rights: Conversion and Re-conversion, Performance, Satisfaction and Ademption and Equitable Remedies: Specific Performance, Injunction and Appointment of Receiver; Present Trends and Traditions of Equity in the Common Law Countries;

Law of Trust

Conceptual idea on Trust, Definition, Nature and Scope of Trust, Origin and Development of Trust; Essential Constitutive Requirements of a Valid Trust, Various Types of Trusts; Creation of Trust; Three Certainties, Appointment, Powers, Functions, Duties and Obligations, Retirement and Removal of Trustees, Fiduciary Nature of Trusteeship; Beneficiary, Rights and Liabilities, Breach of Trust and Remedies, Revocation and Extinction of Trust; Doctrine of Cypress and its Application;

Relevant Laws:

1. The Common Law Procedure Amendment Act, 1954

2. The Judicature Act, 1973 & 1975

3. The Contract Act, 1872

4. The Transfer of Property Act, 1882

5. The Specific Relief Act, 1877

6.   The Trust Act, 1882

Books Recommended:

  1. Equity, Trusts and Specific Relief by B.M. Ghandi
  2. Equity, Trusts and Specific Relief by Durga Das Basu
  3. Principles of Equity by  Edmund Henry Turner Snell
  4. Principles of Equity by Greville Hanbury
  5. Equity and Trusts by  Alastair Hudson, 5th edition, Routledge-Cavendish, London, 2007
  6. Essential Equity and Trusts (2nd Edition) by Kirsten Edwards
  7. The Law of Trusts by G. W. Keeton and L. A. Sheridan
  8. Equity & Trusts by T. Cockburn, W. Harris & M. Shirley, Butterworths, Sydney, 2005.

.     9.     Principles and Digest of Trust Laws with Wakf Laws and Model Deeds- S.

Aiyar &  Krishnamurthi

10.   Law of Trusts by Sir A. Underhill

11.  Equity and Trust Textbook by Elmer Donan

12.  Contemporary Perspectives on Property, Equity and Trust Law by Martin Dixon     and Gerwyn Griffiths

Leading Cases:

Equity

1. D.D.A. Skipper Construction Co. (P) Ltd. (1996) 4 SCC 622: AIR 1996 SC 2005

2. A.G. for Hong Kong V. Reid, (1993) 3 WLR 1143: (1994) 1 All ER 1.

3. Earl of Oxford Case, (1615) 12 Ch Rep 1

4. Colls V. Home and Colonial Stores Ltd (1904) AC 179

5. Watson V. Ramchand (1890) 18 Cal 10 (PC)

6. Ashby v. White (1703) 1 Sm LC (13th Edn) 253

7. Hopkins V. Hopkins (1739) 1 Atk 581, Cas temp Talb 44, West temp Hard 606

8. Stictland V. Aldridge (1804) 9 Ves. 516

9. Champman V. Michaelson (1909) Ch. 238

10. Thorndike V. Hunt (1859)

Trust

1. Tagore V. Tagore (1872) 9 BLR 377 (PC)

2. Speight v. Gaunt (1887) 9 App. Cas. 1 (1983)

3. Fox V. Mackreth, (1788) 2 R. R 551

4. Night V. Night (1840) 3 Beav 148 49 ER 58

5. Mayor of Lyons v. Advocate General of Bengal (1876) Cal. 303

(Also Additional Books, Journal Articles, Contemporary cases, materials form Websites will be discussed by the Course Teacher Concerned)

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