concept of equity in indian law

1. DISCOVER . LEARN . EMPOWER
Concept of equity
University Institute of Legal Studies
Principles of Legal System
LLT-462/ 20LCT-265
Faculty Name :Anuradha

2. 2
COURSE OBJECTIVES
1
The paper will introduce the students to various dimensions of the laws
relating to equity.
2
The paper will introduce the students to various dimensions of the laws
relating to limitation.
3
The paper will introduce the students to various dimensions of the laws
relating to specific relief.
The Course aims to:

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COURSE OUTCOMES
On completion, the students are expected to:
CO
Number
Title Level
CO1 The students will better
appreciate the concept of equity,
justice and good conscience.
Apply
CO2 The students will be made aware
about the legal provisions related to
the law of limitation.
Analyse
CO3 Students will be able to understand
the justification and provisions
related to specific relief.
Apply

4. Law of Equity
Equity itself is derived from a Latin word
which means Justice and egalitarianism.
It is a system of law which emanated in
the English chancery and encompasses
a formal body of indispensable and
procedural rules and doctrine, that
appendage or override common and
statutory law.

5. Origin of Equity in India
In India, Equity has its origin from the relevant ancient
Hindu period, when some of the well-known legal
experts defined the old law and set out the new rules
for a better edible solution in case of any conflict
arising between rules of different laws. Hindu law has
never been undeviating and has accordingly introduced
equitable principles to meet the requirements of the
time. The smritis were the oldest attempt for the
compilation of law. In which smriti karas (the author of
Smriti) have actually conceded the principle of law. It
was stated that decisions should not be exclusively
based on scriptures, there should be principles based
on reasons. These reasons-based principles are
qualified with the term equity.

6. Equity under Roman Law
The Praetor was the famous judicial magistrate of a
Roman law. The exercising of power at that time
was by the means of formulae and written
statements. Everything was bounded or
surrounded all around the statements. Gradually,
the Praetor started following another mode of
jurisdiction, which is termed as an extraordinary
jurisdiction. After a phase, the cases and areas
where the Praetor could interfere become more
common and through this only the principle of
morality and equity was introduced in the Roman
Law.

7. 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.

8. •➢ The Specific Relief Act, 1877
•➢ The Indian Trusts Act, 1882
•➢ The Indian Succession
Act,1925
•➢ The Transfer of Property
Act,1882

9. 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

10. Equitable Remedies
• INJUNCTION
• SPECIFIC RELIEF
• RECESSION
• RECTIFICATION

11. Assessment Pattern
Students are assessed
on the basis of the
following parameters:
• Assignments
• Surprise Test
• Quiz
• Discussion
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12. THANK YOU
For queries
Email: Anuradha.e10528@cumail.in