IDEAL INSTITUTE OF MANAGEMENT AND

TECHNOLOGY & SCHOOL OF LAW

RULES OF EQUITY (LEGAL METHOD)

PRESENTED BY :-
KHYATI & KANIKA PAWAR
BALLB (FIRST YEAR)
TO BE SUBMITTED  : Ms. Namita Sinha Mam
 TOPICAL OUTLINES

 Definition of Equity
 The Origins of Equity
 Maxims of Equity
 Equitable Remedies
 Law of Equity in India
 DEFINITION OF EQUITY
• Equity has an ordinary meaning and a technical meaning.
• In the ordinary sense, equity means fairness, justice, morality, fair play, equality
etc.
• In legal sense equity it is the branch of the law which, before the Judicature Act of
1873 came into force, was applied and administered by the Court of Chancery. A
litigant asserting some equitable right or remedy must show that his claim has “an
ancestry founded in history and in the practice and precedents of the court
administering equity jurisdiction.
•In the technical sense equity refers to a body of rules and some authors have defined
equity as that which is not the common law. They distinguish equity from the
common law. It is regarded as a body of rules that is an appendage to the general
rules of law.
• To understand why equity is not common law, we must delve into the history of
how equity evolved. There was only the common law in England originally there
was only one body of law. Common law is to be found in case law that developed
over the years and was administered by the king’s justices. There were 3 courts
then, the Kings Bench, the Court of Common Pleas and the Exchequer.
• The Kings Bench got its name from a practice where the king would sit with his
judges in “banco” or on the bench and they would hear civil and criminal cases in
which the King had an interest.
• The Court of Common Pleas dealt with civil cases brought by one individual against
another individual.
• The Exchequer dealt with cases affecting the royal revenue, matters to do with taxes
for example would be dealt with here.
 THE ORIGINS OF EQUITY
• Equity is a system of law historically developed in the Court of Chancery correcting
unconscionable conduct on the part of a defendant.
• It was developed by the Court of Chancery to solve deficiencies of the common law
and correct unconscionable conduct.
• The Chancellor recognized the inability of the common law to deal with social
and economic changes taking place in society.
• It administered equitable relief by asking the defendant to personally appear
before him “personam”.
• It is a system of principle and precedent rather than a system of ad hoc justice.
• It is a peculiar concept which is unique to English and Welsh law.
 MAXIMS OF EQUITY
 These maxims of equity are statements which embody rules of equity.
1. He who seeks equity must do equity
2. He who comes to equity must come with clean hands
3. Equity is equality (Equality is equity)
4. Equity looks to the intent or substance rather than the form
5. Equity looks upon as done that which ought to be done
6. Equity imputes an intent to fulfill an obligation
7. Equity acts in personam
8. Equity will not assist a volunteer (Equity favors a purchaser for value without notice)
9. Equity will not suffer a wrong to be without a remedy (Where there is a wrong there
is a remedy for it) Ibi just ibi remedium
10. Equity does not act in vain
11. Delay defeats equity
12. Equity aids the vigilant and not the indolent (Vigilantibus nondorminentibus
jura subveniunt)
 EQUITABLE REMEDIES
 Remedies in Equity have 3 features
1. They are discretionary;
2. They act in personam
3. They are only granted where the common law remedy or damages are
inadequate.
 Discretion : the court will exercise discretion in some instances. The court
will look at the conduct of the Plaintiff and on the basis of that it can refuse to
grant remedy to the plaintiff. Equitable remedies are discretionary .Adequacy of
the common law remedy. If it is found that damages at common law will
adequately compensate the Plaintiff, equity will not grant a remedy.
 Equity acts in Personam : the remedies are granted against a particular person,
they are directed at a person.
 LAW OF EQUITY IN INDIA
• As a branch of a legal system Equity refers to the principles or rules arising from
the process of administration of justice in those cases or areas which are not
sufficiently covered by the Statutes.
• Since, it is not feasible on the part of the state to devise a comprehensive code of
law in order to govern every contingency; Equity supplements the law with the
essence of liberty and kindness.
•In India, Equity owes its origin to the ancient Hindu period when legal experts
defined the old laws and set out new rules of interpretation and equitable solutions
in case of any conflict between rules of different laws.
•For the administration of Equity there was never established any separate court in
India since most part of the law for application by the court is codified. However,
the courts act according to the principles of Equity, justice and good conscience in
the absence of any specific law or usage in matters placed before the court.
•Principles of Equity are also clearly noticeable in the Mohammedan Law.

• The English Laws also contributed to the development of Equity jurisdiction in

India. The Regulation of 1827 laid down a provision which required the East India
Company Courts to act according to the principles of justice, Equity and good
conscience in the absence of any specific law or usage.

• In most of the laws enacted in India for the guidance of the judges, the provision of
the rule of justice, Equity and good conscience has been expressly laid down.

• The principle of Equity has been codified in various laws, such as, the Specific
Relief Act, 1877, the Indian Trusts Act, 1882, the Indian Succession Act, the
Guardian and Wards Act, the Indian Contract Act, 1872 and in the Transfer of
Property Act, 1882.
THANK YOU