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Equity in India

The document discusses the concept of equity in India, tracing its roots from Hindu and Muslim laws to the British legal system. It highlights that equity in India is intertwined with law, allowing courts to apply equitable principles to ensure justice. Key statutes such as the Trust Act and Specific Relief Act incorporate equity, emphasizing fairness and just outcomes in legal matters.

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Smirtha G
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10 views3 pages

Equity in India

The document discusses the concept of equity in India, tracing its roots from Hindu and Muslim laws to the British legal system. It highlights that equity in India is intertwined with law, allowing courts to apply equitable principles to ensure justice. Key statutes such as the Trust Act and Specific Relief Act incorporate equity, emphasizing fairness and just outcomes in legal matters.

Uploaded by

Smirtha G
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Equity in India

ￚ Equity - beyond legal remedies or when legal remedies are


insufficient. Equity is principle of treating fairly and just.

ￚ Before british - india hindu and muslim law - followed principles of

justice, fairness and good conscience - similar to equity in England.

Equity in Hindu law

ￚ Justice is connected to dharma which means righteousness, fairness


and duty.

ￚ If two laws conflicted, then courts had to follows justice based on


custom and equity

ￚ Kings decisions are final but they must adhere to fairness and equity

ￚ Hindu texts asks not to follow legal texts blindly

Equity under muslim law

ￚ Muslim law there's a principle - istihsan - juristic equity - introduced


by abu hanifa. This meant that if application of law led to injustice,

then it's better to apply a fair solution. This is equity.

Equity under British rule

ￚ Introduced the common law and equity system


ￚ Unlike england, India never had separate courts for equitable and
law matters. The SC handled both.

ￚ Indian statutes such as - Specific relief act, indian trust act, indian
succession act, GWA, Indian contract act, TOPA, divorce act etc. have
equity principles

ￚ in India equity is never separate from law. Law has the essence of

equity principles.

ￚ Every court has power to apply equity to ensure justice

ￚ Applied two ways - 1. when there is no specific law for a matter -


equity is applied. 2. Where law exists - applied to ensure justice and

fairness eg..sec 151 of CPC - allows court to do real and substantial


justice when there is no specific rule.

ￚ England separated legal and equitable interests in terms of


property. India didn't follow this.

Incorporation of equity in Indian law after british

1. Trust act 1882 - trustee manages property for someone else


benefit. India adopted this principle in trust act. Even if a person is

not officially a trustee, they must act with fairness

2. Specific Relief Act 1877 - offers equitable remedies than just


money. Such as specific performance, injunction, rectification.
Minerva mills case

ￚ Justice bhagwati - laws must be stable, not rigid. If old judgement is

unfair, then flexible enough to change it.

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