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Equity & Trust Topics

The document provides an overview of key concepts in equity jurisprudence across 8 pages. It outlines 65 maxims and principles of equity, including that equity follows the law, acts in personam, looks to intent rather than form, and will not allow a trust to fail for want of a trustee. It also discusses topics like the history and development of equity in England and India, the various types of equitable jurisdiction, and the historical background of the Indian Trusts Act of 1882.

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sanya haider
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131 views3 pages

Equity & Trust Topics

The document provides an overview of key concepts in equity jurisprudence across 8 pages. It outlines 65 maxims and principles of equity, including that equity follows the law, acts in personam, looks to intent rather than form, and will not allow a trust to fail for want of a trustee. It also discusses topics like the history and development of equity in England and India, the various types of equitable jurisdiction, and the historical background of the Indian Trusts Act of 1882.

Uploaded by

sanya haider
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 3

Page 1

1. Equity Court or Chancery Court 2. Equity Follows the Law (Aequitas sequitur legem)

3. Equity is Equality (Aequitas est quasi aequalitas)

4. Delay Defeats Equity (Vigilantibus non dormientibus aequitas subvenit)

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5. Equity a matter of Conscience 6. Equity a matter of Grace

7. Equity Fulcrum (is the base or Backbone) the Law

8. When Equities are Equal, First in Time shall Prevail (in aequitatis paribus, prior in tempore superat) (14 Mrks

Page 2

9. Equity Acts in Personam (Personal) (i.e. aequitas in personam facit)

10. Equity Imputes an Intention to Fulfil an Obligation 11. Equity to Promote Fair Dealings

12. “He who seeks Equity must do Equity” & its Scope of application

13. ‘He who comes into equity, must come with clean hands’ & its Scope (14 Marks)

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14. Equity looks to the intent rather than the form (OR Equity regards substance rather than form) (14 Marks)

15. Equity looks on that (regards) as done which ought to be done (aequitas factum habet quod fieri opportuit)

16. Equity will not suffer a Wrong to be without a Remedy (ubi jus, ibi remedium) (14 Marks)

Page 3

17. Equity abhors a forfeiture 18. Equity aids the vigilant, not the indolent

19. Equity, like nature, does nothing in vain 20. Equity does not assist a volunteer

21. Between equal equities, the law prevails 22. Equity delights to do justice and not by halves

23. Equity will take jurisdiction to avoid a multiplicity of suits

24. Equity will not allow a statute to be used as a cloak for fraud

25.Equity will not allow a trust to fail for want of a trustee 26.Equity regards the beneficiary as the true owner

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27. Equity 28. Individual Equity 29. Trust 30. Classification (kinds or Types) of Trust

31. Creation of Trust 32. Essentials of Trust


Page 4

33. Extinction of Trust (OR Modes of Extinction of Trust) (14 Marks) 34. Revocation of Trust

35. Author (or settlor/trustor) of Trust 36. Executed & Executory Trust 37. Simple & Special Trust

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38. Constructive Trust 39. Rule of Survivorship 40. Equitable Rights 41. Equitable Estate

42. Exclusive Jurisdiction 43. Concurrent Jurisdiction 44. Auxiliary Jurisdiction

Page 5

45. Fiduciary Relation & its Nature (14 Marks) 46. Classification of Fiduciary Relations

47. Difference between Trust & Contract 48. Trustee 49. Powers of Trustee

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50. Rights of Trustee 51. Duties (Discharge) of Trustee 52. Liabilities of Trustee

Page 6
53. Disabilities of Trustee

54. Discharge of Trustee (or Circumstances under which a trustee can be discharged)

55. Beneficiary (Ces qui trust) 56. Rights of the Beneficiary

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57. Liabilities of Beneficiaries

58. What can beneficiary do where the trustee has mixed the trust property & trust funds with its own?

59. Concept of Equity, its Relevance & Application in Indian Legal System
(OR How Equity is recognised under the Indian Legal System)

Page 7

60. History (Origin) & Development of Equity in England (English Law) (UNIT-1 Starts Here)

61. Relation of English Common Law Courts with Equity Courts till the enactment of Judicature Act, 1873-75.

62. History (Origin) & Development of Equity in Roman

63. Explain the Kin Chancery in England.

64. Classification of Jurisdiction (OR Types of Jurisdiction) of Equity Courts


(OR Kinds of Equitable Jurisdiction exercised by Court of Chancery)

65. Remedies & its Types and Procedure of Equity Courts

Page 8

66. Historical background of the Indian Trusts Act, 1882 along with its Extent & Application (UNIT-3)

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