Law of Equity: interesting facts | Important Acts and Laws for Judiciary Exams PDF Download

Introduction

Equity, derived from a Latin word meaning justice and egalitarianism, is a legal system that originated in the English chancery. It encompasses formal procedural rules that complement common and statutory law, based on precedent.

Origin of Equity in India

In India, equity finds its roots in the ancient Hindu legal system, which introduced equitable principles to resolve conflicts and adapt to changing circumstances.

Equity under Roman Law

In Roman law, equity was introduced by the Praetor through extraordinary jurisdiction, incorporating principles of morality and fairness alongside formal legal statements.

Equity under Indian Legal System

In India, equity serves to supplement the law in cases not explicitly covered by statutes, promoting justice and goodwill. It draws from English legal traditions and complements common law doctrines.

General Principles of Equity

• He who seeks equity must do equity: This principle emphasizes fairness and rectitude in court decisions.
• Equity follows the Law: Equity operates within legal frameworks without contradicting them.
• Equity will not be done to be without a remedy: Equity ensures that wrongs have appropriate remedies, even if they are nominal.
• Equality is equity: Equity promotes equality, especially in cases where parties have common interests but face limitations.

Some Important Cases under the Principle of Equity

• Namdeo Lokman Lodhi v. Narmadabai And Other 1953 AIR 228
• M. Nagarajan v. V.M. Nagammal
• Rattan Lal v. Vardesh Chander And Ors. 1965 AIR 588
• Ganeshi Lal v. Jyoti Pershad 1953, AIR

Equitable Remedies

• Injunctions: This is a legal remedy where the court mandates parties to either perform or refrain from certain actions. For instance, in the case of Mohd. Afzal Shah v. Ghulam Ahmad Shah and Ors., the court issued an injunction to prevent a specific action.
• Specific performance: In this remedy, the court compels parties to fulfill specific obligations outlined in a contract. An example is the case of Executive Committee of Vaish v. Lakshmi Narain and Ors., where specific performance was ordered.
• Rescission: This remedy aims to restore parties to their pre-contractual state. For example, in the case of Bedi and Bedi Ltd. Bangalore v. The Commissioner of Central, rescission was granted.
• Rectification: This remedy involves the court ordering corrections to written documents to align with the intended meaning. In the case of M/s Harinagar Sugar mills Ltd. V. Shyam Sunder Jhunjhunwala, rectification was sought.

Common-Law Doctrine of Equity

In India, the common law doctrine of equity has been upheld post-independence. The enactment of "The Specific Relief Act 1963" by Parliament repealed the previous Act. This new Act codified various equitable rights such as Recovery of possession of immovable property and Declaratory Decrees. Section 150 of the Code of Civil Procedures allows courts to exercise inherent powers.

Conclusion

Equity is fundamental to the justice system. In today's digital era, technology plays a key role in legal proceedings, enhancing accuracy and efficiency. Equity has evolved as a crucial component of the Indian legal framework, supported by various statutes and acts over time.