9. George Ken, Human Right to Food and Dignity.
10. “Right to Food Act: Beyond Cheap Promises" Economic and Political Weekly, July 18,
Vol.42, No.29.
11. R. Radhakrishna, in K. Parikh, Food and Nutrition Security, India Development Report 2002,
Oxford University Press, New Delhi.
LDSE 0506 Equity and Trust Law:
Objectives of the Course: Trust being an obligation connected with property, the law has to play
a key role in protecting interests of persons for whose benefit trust is created and for balancing
the rights and duties of persons connected with trust transactions. There are also instances where
even in the absence of specific trust, law has to protect the beneficial interests of persons on
equitable considerations. Trusts may also be created for public purposes of charitable and
religious nature. The existing laws in respect of trusts, equitable and fiduciary relations
connected with property are to be taught in detail. The objectives of the course are to enable the
students to acquire knowledge of law on private and public trust and also the principles of equity.
Part I
The Indian Trusts Act, 1882:
Module 01 Introduction to Private Trust:
1. Objects, Basic Concepts, Kinds of Trusts
2. Private trust and Public trust
3. Comparison of Trust with other relationships - Trust and Ownership, Trust and Bailment,
Trust and Agency, Trust and Contract, Trust and Equitable Charge, Trust and Mortgage, Trust
and Administration
Module 02 General Principles:
1. Creation of Trusts
2. Appointment of Trustees
3. Vacating the Office of Trustee
4. Extinction of Trusts
Module 03 Regulation of Relationship Between Trustee and Beneficiary:
1. Duties and Liabilities of Trustees
2. Rights and Powers of Trustees
3. Disabilities of Trustees
110 SPPU, Pune CBCS Pattern for Degree Programs in Law B.A., LL.B., B.B.A., LL.B. and LL.B.
4. Rights and Liabilities of the Beneficiary
5. Certain Obligations in the Nature of Trusts
6. Fiduciary Relationship - Meaning, Express and Constructive Trusts, Application of the
Principle of fiduciary Relations and Exceptions.
Part II
The Maharashtra Public Trusts Act, 1950:
Module 04 Introduction to Public Trust:
1. Objects, Application, Basic Concepts / Definitions, and Kinds of Trusts
2. Establishment
3. Charitable Purposes and Validity of Certain Public Trusts
4. Registration of Public Trusts
5. Change Reports
6. Framing of Schemes
Module 05 Supervision and Control of Public Trusts:
1. Budget, Accounts and Audit
2. Powers and Duties of, and Restriction on Trustees
3. Control of Public Trusts - Powers and Functions of Charity Commissioner
4. Other Functions and Powers of Charity Commissioner
Module 06 Special Provisions under the Act:
1. Special Provision as Respects Religious and Charitable Institutions and Endowments
2. Public Trusts Administration Fund
3. Offences and Penalties
4. Function of Charity Commissioner, Procedure, Jurisdiction and Appeals
Part III
Principles of Equity:
Module 07 Development and Maxims of Equity:
1. Concept of Common Law and Common Law Courts
2. Concept and Definition of Equity
3. Origin and Development of Equity
4. Fusion of Common Law and Equity
111 SPPU, Pune CBCS Pattern for Degree Programs in Law B.A., LL.B., B.B.A., LL.B. and LL.B.
5. Recognition of Equity under Indian Legal System - Overview
6. Maxims of Equity -
a) Equity will not suffer a wrong to be without a remedy
b) Equity follows the law
c) He who seeks equity must do equity
d) He who comes to equity must come with clean hands
e) Delay defects equity
f) Equality is equity
g) Equity looks upon that has done which ought to have been done
h) Equity looks to the intent rather to the form
i) Equity imputes an intention to fulfill an obligation
j) Equity acts in personam
k) Where the equities are equal the first in time shall prevail
l) Where there is equal equity, the law shall prevail
Recommended Readings:
1. S. Krishnamurthy Aiyar and Harbans Lal Swin, Principles and Digest of Trusts Laws (1998),
University Book Agency, Allahabad.
2. R.E. Megarry and P.V. Baker, Snell's principles of Equity (1964) ELBS, Sneet and Maxwell.
3. Iyer N., Indian Trust Act (1997), Delhi Law House, New Delhi.
4. Rajarathnam, Natarajan and Thankaraj, Commentary on Charitable Trusts and Religious
Institutions (2000) Universal, Delhi.
5. Rao. C.R, The Indian Trust Act and Allied Laws, Puliani and Puliani Booksellers, Bangalore
(1999).
6. Rangacharya I V, The Indian Trusts Act, Madras Law Journal Office (1972).
7. B.M. Gandhi - Equity, Trusts and Specific Relief (Eastern Book Company, Lucknow)
8. Aggarwal O P, The Indian Trusts Act.
9. Tandon M P, The Indian Trusts Act, Allahabad Law Agency.
10. Chaudhari D H, The Bombay Public Trusts Act, 1950.
11. Shah K N, The Bombay Public Trusts Act, 1950.
12. Apte M S, The Bombay Public Trusts Act, 1950.
13. Gupte and Dighe - The Bombay Public Trust Act (Hind Law House Pune).
112 SPPU, Pune CBCS Pattern for Degree Programs in Law B.A., LL.B., B.B.A., LL.B. and LL.B.
