LL.B III (Semester VI) (CGPA) Examination, 2017
Equity And Trust
Day Date: Tuesday, 02-05-2017 Max Marks: 70
Time: 10.30 AM to 1.00 PM
Instruction: All questions are compulsory.
Figures to the right indicate full marks.
Q.1 Choose correct alternatives: 14
Indian Trusts Act 1882, came into force on the first day of
1882.
January February March April
of the Indian Trust Act defines the term trust and
other analogous terms.
Section 1 Section 3 Section 7 Section 11
defines trust as, "A trust is an equitable right, title or
interest in property, real or personal, distinct from the legal
ownership thereof".
Maitland Snell Story Halsbury
A trust is one where the trustee is mere depository of
the trust property with no active duties to perform.
simple public private resulting
The Doctrine of Cy-pres applies to trusts.
charitable private
both a and b none of the above
The duties of trustee are been explained in of the
Indian Trust Act.
Section 11 to 22 Section 31 to 45
Section 46 to 54 None of the above
According to every trustee May apply by petition to a
principal civil court of original jurisdiction to be discharged
from trust.
Section 70 Section 60
Section 65 Section 72
As per section 3 of Bombay Public Trust Act 1950 the state
Government may, by notification in the official Gazette,
appoint an officer to the called the
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Joint Charity Commissioners
Charity Commissioner
Deputy Charity Commissions
Assistant Charity Commissioners
Section of the Bombay Public Trust Act, lays down
provisions relating to Registration of Public Trust
Section 14 Section 15 Section 17 Section 18
10) Equity will not suffer a to be without a remedy.
Right Duty Wrong All the above
11) The application and working of the maxim, "Equity looks to
the intent rather than the form can well be examined from
the following instances.
Relief against penalties forfeitures
Relief in regard to precatory trusts
Attitude in regard to statute of frauds
All the above
12) Section 33 of the Bombay Public Trust Act deals with
Maintenance of Accounts
Public trust created by will
Bar to hear or decide suits
Balancing auditing of Accounts
13) Section 66 of the Bombay Public Trust Act lays down
provisions relating to
Public Trust Administration Fund
Application of Public Trust Administration Fund
Penalty
Offences
14) A stranger to the trust, whose Act render him liable for the
consequences of a breach of trust, is sometimes called as a

Trustee tort Trustee do son tort
Trustee tart son None of the above
Q.2 Define Trust and state what are the necessary requisites or essential
certainties for the creation of a valid trust?
14
Q.3 What are the different methods under the Indian Trust Act in
which an obligation in the nature of a trust is created?
14
OR
State the duties and liabilities of a trustee under the Indian Trust
Act.
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Q.4 Write Short notes on any two out of three. 08
Powers of Trustees
Distinction between Trust and Agency
He who seeks equity must do equity
Disabilities of Trustees 06
Q.5 Answer any seven out of ten. 14
Resulting Trust
Public Trust
Equity follows the law
Right to Reimbursement
Appointment of new trustee
Extinction of Trust
Budget, Accounts Audit
Express trust
Distinction between trust contract
10) illusory trust