Equity, trust, and specific relief

 
9788170125167: Equity, trust, and specific relief

This is a fresh approach on the subject by a scholar of long standing. The author is fully aware of the role that the principles of equity play in adapting legal principles to changing conditions in society and it is in this background that he has explained the various principles of equity. Not only this, he also appreciates that the principles of equity must themselves undergo change, and has given his suggestions wherever pertinent. He has, as he quotes in the preface, dealt with "the effect and operation of legal rules, with their aims and reason, (rather) than with mechanistic problem of internal consistency of decisions within the framework of any given system".

Every aspect of the subject has been explained most lucidly and in-depth. Several important points that have escaped discussion in other books have been considered and discussed by the author with reference to the prevailing situation in Indian Society. The book attempts to fulfil the need for an authoritative work on the subject.

The book is divided into four parts and twenty-five chapters, each chapter having its own synopsis. Part I deals with the nature of Equity, its history, courts and important maxims in action, Part II with specific equities, equitable doctrines and equitable rights - the area wherein these principles were introduced and tested, Part III with principles of trusts with special reference to Indian Trusts Act, 1882 and Part IV with principles of specific performance and other equitable remedies with special reference to the Specific Relief Act, 1963 in India. An elaborate subject-index and table of cases add to the utility of the book.

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Review:

B.M. Gandhi's book deals with almost all aspects of equity. Having given a historical outline of the development of principles of equity in England, the author goes on to trace its evolution in India. He has described lucidly the ramifications of equity, viz. equitable rights and equitable remedies, which take concrete shape in trusts and specific relief. He has done this with the help of case-law garnered from more than thousand cases. Without hesitation one can say that the work is immensely useful both for teachers and students of law who would like to make a serious study on the subject. -- The Acadamy Law Review

The arrangement of the chapters and synopsis for each chapter makes the book an easy reference for the reader. The discussion is simple and comprehensive. Reference is made wherever necessary to authorities and case-law. Different aspects of the subject are treated analytically and in depth. This informative and elegant commentary is an excellent work of the author. Students, academicians, lawyers and judges will greatly benefit by this work. -- Cochin University Law Review

The present second edition enjoys the benefit of enrichment of the textual material by the incorporation of steady flow of cases on the subject. The different facts of the subject are treated analytically, and in depth. The learned author presents in this commentary on Equity, Trusts and Specific Relief, in a comprehensive and exhaustive manner, the various aspects of this subject, drawing upon not only the indigenous case-law but also on English and American precedents. The discussion is elegant and informative. It will be an asset to all law libraries as an authoritative classical work on the subject. -- Kerala Law Times

The principles of equity are very important, in the legal system, and keeping this in view the author has stated the principles of equity in a lucid and pointed way and has introduced the topics in a systematic and elaborate manner. A special point to note about this work is that many points neglected or not discussed in some other books have been discussed in the prevailing situation of the society. -- All India Reporter

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