Limitation-

1)Equity will not suffer or wrong to be without a Where in question is only moral and not
remedy (where there is wrong there is remedy) capable of being judicially enforced

Meaning-means where there is wrong their Where right and remedy both in common law,
must be remedy in other words there is no equity not apply
wrong without remedy
Any person by himself lost, waived or destroy
Restricted form of Latin maxim - ubi jus ibi right
remedium
Recognition in India-
Application-
Trust
In following cases-
CPC
Many wrong left without remedy in common
law SRA

The relief granted by the common law quotes Writs and PIL
was often most inadequate Case- Ashby Vs white
Procedure of common law course was Bhim singh Vs JK
defective/unsatisfactory

Jurisdiction -the maximum may be used in

entire jurisdiction of equity courts

Exclusive jurisdiction- jurisdiction under which

only equity course authorised to use it
2)Equity follows the law
It is jurisdiction under which right to be in post
Meaning-it means equity shall
is wholly/completely equitable
Not interfere where common law is complete
Eg- Trust
Interfere only those cases where common law
Concurrent jurisdiction -where both common
has no remedy or inadequate remedy
law courts and equity courts are authorised
Not rival of common law it is supplementary to
In this relief by common law quotes in adequate
common law
that's why equity courts fulfills inadequacy
Source
Auxiliary jurisdiction-under this equity courts
provides aid to eradicate defective and Based on- equuitas lequiture legem
unsatisfactory procedure of common law
courts.
Means equity adopts and follows the rules of an rescind in contract
law in all cases to which those rules may be
applicable

Object -to keep judicial actions controlled

Application-

1)motland -supplemental to common law 3)He who seeks equity must do equity

It is not a self sufficient system Meaning-if a litigant claim something by way of

equity
2) story-common law complete
He must be ready or willing to grant to the
Equity courts not bound other party

Ary V jadunath Which belongs to that other party in the equity

Held that-the law of registration cannot In other words equitable remedy is description
override by applying equitable doctrine of the court

Jurisdiction- So that court would before granting -enquire-

whether plaintiff himself would be prepare to
Equity follows the rules of law in every call act as a mean of conscience towards the
where they are applicable defendant.
Equity follows the analogy of common law If appeared -then yes
Imitation- court grant remedy to plenty but only upon
Application in India- terms of his giving the defendants due

ICA-19 A 64 65 Source -based on doctrine of reciprocity

TPA- section 35 51(improvement -cost, - to sale) Means whatever is your should be properly
demanded and "belongs to other" a ready to
SRA-30 an adjudicating recession of contract give to that others.

Course mein required any party to whom relief Application-

granted to restore any benefit from other
Illegal loan
33- councilliation
Doctrine of election
Trust-62 impose condition on beneficiary to
repay the trustee purchase amount with fair Consolidation of mortgage
interest and also reasonable expenses Notice to redeem mortgage
86 repay amount of consideration Equitable estoppel
Set off Object-regulate the actions of equity codes and
their inter possession
Restitution of benefit on consolidation of
transaction Source- Ex turpi causa non oritur actio

Compensation for repair and maintenances Plantiff will not able to get legal remedy if it
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 matter Only when plantiff comes to court with pre
of same suit) mediate plan of fraud in his mind

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

4)He who comes to equity come with clean 1) looks future/looks past
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

good faith of other equitable principals then 5)Delay defects equity

doors of equity codes will be shut against him
and the course will not award him relief. Meaning-unreasonable delay (laches will defeat
equity)
If a person indolent to claim a remedy for the Equal treatment for both the parties of court
wrong committed to him then court will refuse
to grant him any relief Audi alteram partner

Source- ‘vigilantibus non dormientibus jura No party can takes undu benefit against
subveniunt’ another

the law assists only those who are vigilant, and Equity always try to put litigating party- same
not those who sleep over their rights level

Object- Equity apps sach manner- no one get undu

advantage over other
Public policy
Equity courts maintains-party- same footing
Stop multiplicity of suit
Source-aequitas est quasi aequalitas-equity is
provide finality of judgement quasi euality

secure speed justice ( A maxim of equity stating that if there are no

reasons for any other basis of division of
discharge laches property, those entitled to it shall share it
Application- equally)

Not apply in- Applicability-

Claim on which limitation act apply expressly -contribution

Claim on which limitation act apply by analogy marshalling

Fraud committed could not discovered by join tenancy

plaintiff, even after limitation period equity rule of survivorship
considered -period not began.
Relationship between equality and equity
India-no general application because of
limitation act Sameness/fairness

Maxim apply only when- Is goal/process of achieving equality

No statutory limitation period Genus/species

No application of doctrine of laches In India-

ICA 42 43 69 70 146 147

TPA 45 56 82

6)Equality is equity /equity is not appear to law Indian succession 330

rather it supplements law
Trust 27 Precatory trust-trust should be made according
to author or create
CPC 73
But some times term use

Think /
7)Equality looks to intent rather than forms
Hope
Quotes not bound to deliver judgement only
upon the words of agreement/ contract Recommend

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

1) court- first- lies upon contact and agreement

Mortgage-after after left half time- right to sale
2)if suspicion -intent of parties
But provide some reasonable time because in
Sauce- Latin maxim tension of morgager was to take back his own
property
Doctrine of mischief used as source
India-
Generally golden rule of interpretation -actual
words used by legislature ICA 55 and 74

But sometime-one word-various meaning the TPA 114 114A

doctrine of mischief- for a accomplishment of
correct meaning Conclusion-equity looks to the spirit not to later

According to doctor in win meaning of word not Looks intention not words
clear- intent -according to intention of
legislature

Object-to do substituted justice

8)Equity inputs and intention to fulfill and
Application- obligation
Relief against penalties and forfeiture-generally Where a person is under an obligation to do an
contract -liquidated damages -what if loss is act and he do any other act which is capable of
much less than liquidated damages then being considered as perfilment of his obligation
according to this maxim -actual loss -give. then the equity completely resume that later
act was intended to be in performance of the
former
Sources-doctrine of Cypress Object secure future transaction

principle of eusdem generia Application

Object- Conversion-property assigned for trust to

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

Doctrine of performance Part performance-contract recognised as to be

entered by oral evidence specifically which ,
Doctrine of satisfaction
one of the party to contract has performed the
Ademption
contract.
Defective execution
Limitation -not regard as done which might be
In India- done only ought

Indian succession 177 -179

Trust 92 In India

TPA 40 53A

SRA-12

9)Equity looks on that as done which ought to Trust 91

be done

If any person taken obligation to do something

then court of equity prism that the all has done
10)Where there is equal equity the law shall
And it will cause the sum result as if such
prevail
obligation had been actually performed
Equitable right of both- same and one party also
Sources- Aequitas Factum Habet Quod Fieri
has legal right
Oportuit
Equitable- legal >equitable
If a person has an obligation to do something
then the code to will considered that he has Two persons claim- same subject matter -by
done much work equitable right
Who also have legal- prevail Equitable interest of person who first in time
shall prevail
Source-equity does not act contrary to law
Reason
In aequali jure melior est conditio possidentis -
When the parties have equal rights, the First in time prevail because intent takes effect
condition of the possessor is better in order to its creation

In a suit of position if the equitable right a both Source- Qui prior est tempore potior est jure-
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

exercise-

11)Where the equities are equal the first in time By personal conscience of the chancellor of
shall prevail equity court

Equitable right- same To contial the personal conscience of

defendants
No legal right
In other words quotes of equity in courts of
Then the party whose intent is first in time shall conscience which operate primary in personam
prevail

Essential element
Penn V Baltimare
Both party-no legal interest
Bouncing dispute to an English quote land was
Both party-have equal equitable interest in multimedia part is were English and both
lived in England in this in this case equity quotes Heritable right and transferable
has jurisdiction because equity acts in
personam

Application - Equitable interest

In case of fraud-where any foreign land have Party will have financial interest in the asset in
been acquired by the fraud of party residing question
with in jurisdiction of equity courts Equitable interest holder enjoy the asset
In case of trust-suit filed against person residing without holding the actual legal title of the
within jurisdiction of the equity code and asset
express trust ✓affecting and outside its Originate where according to law interest of
jurisdiction. person lies in the estate of another person
In case of contract- eg suit of specific Origin is dealt under trust or mortgage
performance/ contract for sale
Equitable interest created-
Limitation-
To protect the confidence
Defendant has to within jurisdiction of court
To encourage justice and honesty
Order must not violet legal right of other
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 processing must not started in legal owner
inappropriate court
Heritable and transferable
In India-

CPC 16 19
Difference between legal and equitable right

Dominate over equitable/not have secure

dominance

13)Legal interest Comes under right to lien/regarded as right to

lien
Represents and ownership that can be enforced
by law Have ownership over asset/right to use without
owner
Person having legal interest is known to have
perfect right and have power to take every
action to secure his possession of the asset
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