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Report No. 17

3. Scope of revision.-

We have in revising the Act taken note of the changes that have taken place in English Law, both by judicial decisions and by statutes, since the passing of our Trusts Act, and considered how far the same would be suited to India. We have also gone through the Indian case law on the subject. We have also examined the provisions of the American law relating to trusts.

We are satisfied on the whole that the Act requires a few changes only. We are not in favour of any elaborate and detailed statement of rules pertaining to administration of trusts as has been attempted by the (English) Trustee Act, 1925, as we are of the opinion that it is better to leave it to the courts to evolve the detailed rules. This would be conducive to greater flexibility.

Trusts Act, 1882 Back

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