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    Equity Under Indian Legal System

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    UMANG COMPUTERS
    Equity is a branch of the legal system in India that refers to the essence or rules arising from the administration of justice in cases not adequately covered by statute. In India, there was never a separate court for equity, but courts act according to principles of equity and justice in the absence of specific law. The origins of equity in India can be traced back to the Hindu period when jurists introduced equitable principles to meet the needs of the time. Several important Indian statutes have incorporated principles of equity from English law, though not all English equity rules apply in India.

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    Equity Under Indian Legal System

    Uploaded by

    UMANG COMPUTERS
    2K views10 pages
    Equity is a branch of the legal system in India that refers to the essence or rules arising from the administration of justice in cases not adequately covered by statute. In India, there was never a separate court for equity, but courts act according to principles of equity and justice in the absence of specific law. The origins of equity in India can be traced back to the Hindu period when jurists introduced equitable principles to meet the needs of the time. Several important Indian statutes have incorporated principles of equity from English law, though not all English equity rules apply in India.

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    Equity Under Indian Legal System (1)

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    Equity is a branch of the legal system in India that refers to the essence or rules arising from the administration of justice in cases not adequately covered by statute. In India, there was never a separate court for equity, but courts act according to principles of equity and justice in the absence of specific law. The origins of equity in India can be traced back to the Hindu period when jurists introduced equitable principles to meet the needs of the time. Several important Indian statutes have incorporated principles of equity from English law, though not all English equity rules apply in India.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    2K views10 pages

    Equity Under Indian Legal System

    Uploaded by

    UMANG COMPUTERS
    Equity is a branch of the legal system in India that refers to the essence or rules arising from the administration of justice in cases not adequately covered by statute. In India, there was never a separate court for equity, but courts act according to principles of equity and justice in the absence of specific law. The origins of equity in India can be traced back to the Hindu period when jurists introduced equitable principles to meet the needs of the time. Several important Indian statutes have incorporated principles of equity from English law, though not all English equity rules apply in India.

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    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 10

    Equity under Indian Legal System

    As a branch of the legal system Equity refers to


    the essence or rules arising from the
    administration process of justice specifically in
    those cases where the areas are not adequately
    covered by statute. Equity besides supplements
    the law with quintessence of liberty and goodwill.
    In India, as a matter of administration, there was
    never a well-developed Supreme court as most
    part of the law for the application of the court is
    certified. There the court acts according to the
    principle of equity, justice.
    In India, there was never any separate court
    for the administration of equity. The greater
    part of the law to be applied by the Court, has
    been codified. But in the absence of specific
    law or usage in any matter, the court has to
    act according to principles of ‘Equity’, ‘justice’
    and good conscience interpreted to mean only
    those rules of English Equity which are
    applicable to Indian society and
    circumstances.
    Origin of Equity
    • In India the origin of equity can be traced back
    to the Hindu period when jurists explained the
    old laws and gave new rues of interpretation
    and equitable solutions in case of conflict
    between the rules of various laws. Hindu law
    had never been static and has consequently
    introduced equitable principles to meet the
    exigencies of the times.
    It has been laid down that in case of a
    conflict between the rules of
    “Smiritis” either may be followed, as
    reasoning on the principles of equity.
    Yuktivichar shall decide the solutions.
    In Mohammedan law also the principles of
    equity are clearly noticeable. Abu Hanifa, the
    founder of the Hanafi sect of Sunnis,
    expounded the principle that the rule of law
    based on analogy could be set aside at the
    option of the judge on a liberal construction
    or judicial preference to meet the
    requirements of a particular case. These
    principles of Mohammedan Law, are known
    as Istihasan or Juristic Equity.
    Courts under the East India Company

    • Regulation of 1827 required the East India


    Company Courts to act according to Justice,
    equity and good Conscience in the absence of
    a specific law and usage. Under clause 36 of
    the Supreme Court Charter of 1823, the
    Supreme Court of Bombay was expressly
    made a Court of Equity, and given an equitable
    jurisdiction corresponding to that of the Court
    of Chancery.
    Statutory recognition of Equity

    • The SC observed in Official Trustee, W.B v.


    Sachindra, AIR 1969 that “in fact in this
    country we have codified the very principles
    that were exercised by the Chancery Courts in
    England under their equitable jurisdiction.”
    Statutory recognition of the principles of
    Equity is found in the

    1. Specific Relief Act, 1877


    2. The Indian Trust Act, 1882
    3. Indian Succession Act, 1925
    4. Guardian And Wards Act, 1890
    5. Indian Contract Act, 1872
    6. Transfer Of Property Act, 1882
    All these acts were enacted during the
    British period in India. At the time of
    codification of law in India, Lord Macaulay
    spoke in Parliament on codification, and
    reiterated this simple principle i.e.,
    “uniformity”, when you can have it,
    “diversity”, when you must have it, but in
    all cases “Certainty”, and accordingly the
    Codes and Acts were framed.
    Conclusion
    • Thus, we have seen that in enacting many
    statutes, the Indian Legislature has
    substantially adopted the English rules of
    equity, but it must also be noted that all rules
    of English Equity are not applicable in India.
    There are many rules of English Equity which
    have either not been followed in India or
    imported only in a modified form in view of
    the special circumstances of this country.

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