provides eradicate defective and

unsatisfactory procedure of common law

1)Equity will not suffer or wrong to be courts.
without a remedy (where there is wrong
there is remedy) Limitation-

Meaning-means where there is wrong their Where ine question ise only moral and not
must be remedy in other words there is no capable of being judicially enforced
wrong without remedy
Where right and remedy both in common
Restricted form of Latin maxim - ubi jus ibi law, equity not apply
remedium
Any person by himself lost, waived or
Application- destroy right

In following cases- Recognition in India-

Many wrong left without remedy in common Trust

law
CPC
The relief granted by the common law
quotes was often most inadequate SRA

Procedure of common law course was Writs and PIL

defective/unsatisfactory Case- Ashby Vs white
Jurisdiction -the maximum may be used in Bhim singh Vs JK
entire jurisdiction of equity courts

Exclusive jurisdiction- jurisdiction under

which only equity course authorised to use
it

It is jurisdiction under which right to be in

2)Equity follows the law
post is wholly/completely equitable
Meaning-it means equity shall
Eg- Trust
Not interfere where common law is
Concurrent jurisdiction -where both
complete
common law courts and equity courts are
authorised Interfere only those cases where common
law has no remedy or inadequate remedy
In this relief by common law quotes in
adequate that's why equity courts fulfills Not rival of common law it is supplementary
inadequacy to common law
Auxiliary jurisdiction-under this equity courts Source
Based on- equuitas lequiture legem repay the trustee purchase amount with fair
interest and also reasonable expenses
Means equity adopts and follows the rules
of law in all cases to which those rules may 86 repay amount of consideration
be applicable
an rescind in contract
Object -to keep judicial actions controlled

Application-

1)motland -supplemental to common law

It is not a self sufficient system

3)He who seeks equity must do equity
2) story-common law complete
Meaning-if a litigant claim something by
Equity courts not bound way of equity

Ary V jadunath He must be ready or willing to grant to the

other party
Held that-the law of registration cannot
override by applying equitable doctrine Which belongs to that other party in the
equity
Jurisdiction-
In other words equitable remedy is
Equity follows the rules of law in every call description of the court
where they are applicable
So that court would before granting -enquire
Equity follows the analogy of common law -whether plaintiff himself would be prepare
Imitation- to act as a mean of conscience towards the
defendant.
Application in India-
If appeared -then yes
ICA-19 A 64 65
court grant remedy to plenty but only upon
TPA- section 35 51(improvement -cost, - to terms of his giving the defendants due
sale)
Source -based on doctrine of reciprocity
SRA-30 an adjudicating recession of
contract Means whatever is your should be properly
demanded and "belongs to other" a ready to
Course mein required any party to whom give to that others.
relief granted to restore any benefit from
other Application-

33- councilliation Illegal loan

Trust-62 impose condition on beneficiary to Doctrine of election

Consolidation of mortgage good faith of other equitable principals then
doors of equity codes will be shut against
Notice to redeem mortgage him and the course will not award him relief.
Equitable estoppel Object-regulate the actions of equity codes
Set off and their inter possession

Restitution of benefit on consolidation of Source- Ex turpi causa non oritur actio

transaction Plantiff will not able to get legal remedy if it
Compensation for repair and maintenances arises in connection with his own illegal
acts
Case- collector of Bombay Vs municipal
corporation of Bombay Application-

Limitation- To plantive as well as defendant

Same subject matter (belong to subject Only when plantiff comes to court with pre
matter of same suit) mediate plan of fraud in his mind

Only in which equitable remedy is sustained Limitation-not apply where both guilty of
( not well legal right legal relief) legal wrongs

Recognition in India- Exception-public policy example approval

/government witnesses
ICA 19a 64 65
In India-
SRA- 30 33 34 41
Trust -section 23
TPA 35 51
SRA-17 14 20 22 25 28
Trust 62 86

CPC order 8 rule 6 /order 20 rule 19 (3)

Difference between he who ships equity
must do equity and he who come must be
come with clean hand

1) looks future/looks past

4)He who comes to equity come with clean
hands 2) both parties can claim/no claim of
defendant
Who had done in equality not eligible
3) exercises condition Precedent and
In other words
subsequent/condition precedent
whenever a party clamed equity has
violated conscience
No statutory limitation period

5)Delay defects equity No application of doctrine of laches

Meaning-unreasonable delay (laches will

defeat equity)

If a person indolent to claim a remedy for

the wrong committed to him then court will 6)Equality is equity /equity is not appear to
refuse to grant him any relief law rather it supplements law

Source- ‘vigilantibus non dormientibus jura Equal treatment for both the parties of court
subveniunt’ Audi alteram partner
the law assists only those who are vigilant, No party can takes undu benefit against
and not those who sleep over their rights another
Object- Equity always try to put litigating party-
Public policy same level

Stop multiplicity of suit Equity apps sach manner- no one get undu
advantage over other
provide finality of judgement
Equity courts maintains-party- same footing
secure speed justice
Source-aequitas est quasi aequalitas-equity
discharge laches is quasi euality

Application- ( A maxim of equity stating that if there are

no reasons for any other basis of division of
Not apply in- property, those entitled to it shall share it
Claim on which limitation act apply equally)
expressly Applicability-
Claim on which limitation act apply by -contribution
analogy
marshalling
Fraud committed could not discovered by
plaintiff, even after limitation period equity join tenancy
considered -period not began.
rule of survivorship
India-no general application because of
limitation act Relationship between equality and equity

Maxim apply only when- Sameness/fairness

Is goal/process of achieving equality

Genus/species Object-to do substituted justice

In India- Application-

ICA 42 43 69 70 146 147 Relief against penalties and forfeiture-

generally contract -liquidated damages -
TPA 45 56 82 what if loss is much less than liquidated
Indian succession 330 damages then according to this maxim -
actual loss -give.
Trust 27

CPC 73
Precatory trust-trust should be made
according to author or create

7)Equality looks to intent rather than forms But some times term use

Quotes not bound to deliver judgement only Think /

upon the words of agreement/ contract
Hope
Equity quotes may also authorised to take
intention of the parties while delivery Recommend
judgement By which compulsion on trustee not so this
In other words we never dispute arises in is known as precatory trust
any agreement and contract What will use this maximum for making
1) court- first- lies upon contact and trust compulsory according to author
agreement

2)if suspicion -intent of parties Mortgage-after after left half time- right to
Sauce- Latin maxim sale

Doctrine of mischief used as source But provide some reasonable time because
in tension of morgager was to take back his
Generally golden rule of interpretation - own property
actual words used by legislature
India-
But sometime-one word-various meaning
the doctrine of mischief- for a ICA 55 and 74
accomplishment of correct meaning TPA 114 114A
According to doctor in win meaning of word Conclusion-equity looks to the spirit not to
not clear- intent -according to intention of later
legislature
Looks intention not words
to be done

If any person taken obligation to do

something then court of equity prism that
8)Equity inputs and intention to fulfill and the all has done
obligation
And it will cause the sum result as if such
Where a person is under an obligation to do obligation had been actually performed
an act and he do any other act which is
capable of being considered as perfilment Sources- Aequitas Factum Habet Quod Fieri
of his obligation then the equity completely Oportuit
resume that later act was intended to be in
performance of the former If a person has an obligation to do
something then the code to will considered
Sources-doctrine of Cypress that he has done much work

principle of eusdem generia Object secure future transaction

Object- Application

-satisfy legal obligation Conversion-property assigned for trust to

trustee
stop multiplicity of suit
Trustee suit performed only in manner
secure speedy justice provided not by breach of contract
protect intent of parties Executory contract-conduct related to
Application- execution of particular thing in stipulated
manner should be executed in manner
Doctrine of performance ought to be executed.

Doctrine of satisfaction Part performance-contract recognised as to

be entered by oral evidence specifically
Ademption
which ,
Defective execution
one of the party to contract has performed
In India- the contract.

Indian succession 177 -179 Limitation -not regard as done which might
be done only ought
Trust 92

In India

TPA 40 53A
9)Equity looks on that as done which ought
SRA-12

Trust 91

11)Where the equities are equal the first in

time shall prevail

Equitable right- same

10)Where there is equal equity the law shall
prevail No legal right

Equitable right of both- same and one party Then the party whose intent is first in time
also has legal right shall prevail

Equitable- legal >equitable Essential element

Two persons claim- same subject matter - Both party-no legal interest
by equitable right
Both party-have equal equitable interest
Who also have legal- prevail
Equitable interest of person who first in
Source-equity does not act contrary to law time shall prevail

In aequali jure melior est conditio Reason

possidentis - When the parties have equal
rights, the condition of the possessor is First in time prevail because intent takes
better effect in order to its creation

In a suit of position if the equitable right a Source- Qui prior est tempore potior est jure
both equal - possessor ✓ -who is earlier in time is stronger in law

Object - to satisfy equity follows the law Application-

Application- Apply where-

Bonafide purchaser with value and without There is no legal intention

notice Both party -equal and equitable intention
Benami transaction In India- TPA 48 78
In India-

TPA section 35 40 78 81 108( election,

marshalling ,set off )

12)Equity acts in personam/equity act in

conscience
It means the jurisdiction of equity codes to Legal processing must not started in
exercise- inappropriate court

By personal conscience of the chancellor of In India-

equity court
CPC 16 19
To contial the personal conscience of
defendants

In other words quotes of equity in courts of

conscience which operate primary in 13)Legal interest
personam
Represents and ownership that can be
enforced by law
Penn V Baltimare Person having legal interest is known to
Bouncing dispute to an English quote land have perfect right and have power to take
was in multimedia part is were English and every action to secure his possession of the
both lived in England in this in this case asset
equity quotes has jurisdiction because Heritable right and transferable
equity acts in personam

Application -
Equitable interest
In case of fraud-where any foreign land have
been acquired by the fraud of party residing Party will have financial interest in the asset
with in jurisdiction of equity courts in question

In case of trust-suit filed against person Equitable interest holder enjoy the asset
residing within jurisdiction of the equity without holding the actual legal title of the
code and express trust ✓affecting and asset
outside its jurisdiction.
Originate where according to law interest of
In case of contract- eg suit of specific person lies in the estate of another person
performance/ contract for sale
Origin is dealt under trust or mortgage
Limitation-
Equitable interest created-
Defendant has to within jurisdiction of court
To protect the confidence
Order must not violet legal right of other
To encourage justice and honesty
country is where sub matter exist
To check harassment
Order given must be capable of execution
without intervention of foreign court
Best conscience and effects the conscience
of legal owner

Heritable and transferable

Difference between legal and equitable right

Dominate over equitable/not have secure

dominance

Comes under right to lien/regarded as right

to lien

Have ownership over asset/right to use

without owner

Legal right in personal property cannot be

divided in such a way in which several
honours can use same continuously/can be
divided

In common law right to property of married

women was very limited/not limited