✅ Ques 1. Define and explain the concept of Equity under the Roman, English, and Indian legal systems.
Introduction:
Equity is a branch of law that evolved to mitigate the rigidity of common law. It emphasizes fairness, conscience, and natural justice, offering remedies where the strict application of law leads to unjust outcomes. While law is about rules, equity is about justice.
I. Equity in the Roman Legal System:
1. Background:
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Roman Law initially revolved around Jus Civile, applicable to Roman citizens only.
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The system evolved with Jus Gentium (law of nations), applied to foreigners.
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Eventually, the Praetor’s Edict played a major role in the development of equity.
2. Praetorian Equity (Aequitas):
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Roman praetors (judges/magistrates) were empowered to administer justice beyond rigid laws.
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Their edicts became an instrument of equity based on fairness (aequitas).
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Equity in Rome developed not as a separate court system but as flexible interpretation of law.
3. Examples:
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Guardianship and fiduciary obligations were enforced not strictly under the law but on moral grounds.
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The principle "Summum jus, summa injuria" (extreme law is extreme injustice) reflects Roman equity.
II. Equity in the English Legal System:
1. Historical Development:
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Medieval English common law was rigid, formalistic, and writ-based.
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Aggrieved people petitioned the King for relief against the injustice of common law.
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The King transferred such petitions to the Lord Chancellor, leading to the establishment of the Court of Chancery.
2. Distinct Features:
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Equity developed independently and often overrode common law where it caused injustice.
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It introduced equitable remedies like injunctions, specific performance, rescission, rectification, etc.
3. Maxims Introduced:
4. Key Case Laws:
III. Equity in the Indian Legal System:
1. Introduction:
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India, being a common law country, inherited both law and equity from the British.
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Equity is not a separate court system in India but is embedded within the judicial process.
2. Statutory Recognition:
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Civil Procedure Code (CPC), 1908 – Section 9: Allows courts to try civil matters unless barred.
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Specific Relief Act, 1963: Based on equitable remedies like injunction, specific performance, etc.
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Indian Trusts Act, 1882: Recognizes equitable obligations like fiduciary duties.
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Transfer of Property Act, 1882 – Section 53A: Doctrine of part performance, an equitable principle.
3. Judicial Application:
4. Key Case Laws:
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Ramana Dayaram Shetty v. IAAI (1979): Applied fairness and legitimate expectations in administrative law.
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Delhi Development Authority v. Skipper Construction (1996): Emphasized clean hands doctrine.
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Motilal Padampat v. U.P. (1979): Promissory estoppel based on equity.
Conclusion:
Equity has evolved differently across legal systems but with a common goal: fairness and justice. Roman law laid its philosophical base, English law developed it procedurally, and Indian law codified and internalized it. Today, equity continues to act as a moral compass in the dispensation of justice.
✅ Ques 2. Explain the following equitable maxims in detail with suitable illustrations and case laws:
(a) He who seeks equity must do equity
Meaning:
This maxim reflects a reciprocal obligation—if you seek fair treatment, you must behave fairly. It implies that equitable relief is granted only to those who are themselves willing to act justly.
Application:
Equity is based on conscience. Therefore, a person seeking an equitable remedy must not:
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Evade responsibility
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Hide material facts
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Act with bad intentions
Examples:
Key Case Laws:
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Dering v. Earl of Winchelsea (1787): One co-surety must act equitably to claim contribution from others.
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Suraj Narain v. Sukhu Aheer (1928): A party committing fraud cannot claim equitable protection.
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Delhi Development Authority v. Skipper Construction Co. (1996): Relief was denied as the petitioner had come with unclean hands.
Conclusion:
Equity is not for wrongdoers. This maxim ensures that the judicial process is not misused and that the petitioner’s conduct is morally upright.
(b) Equality is equity
Meaning:
This maxim emphasizes that justice lies in treating equals equally. Equity promotes proportional and fair distribution when no legal preference exists.
Application:
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Used in partition suits, distribution of trust property, and inheritance cases.
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Applicable where two or more parties have equal rights, and the court must divide the subject matter fairly.
Examples:
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If a will is silent, property is divided equally among heirs.
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In joint ventures, partners get equal share in profits/losses unless agreed otherwise.
Key Case Laws:
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Ganga Bishan v. Jai Narain (1986): In the absence of any contrary arrangement, all co-parceners were to be treated equally.
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Rex v. Wilkes (1770): Lord Camden emphasized fair and equal treatment under the law.
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Snell’s Equity: Textbook reference – equality governs the construction and distribution of trusts.
Conclusion:
This maxim reinforces fairness and proportionality. Where the law is silent or ambiguous, equity steps in to ensure that no party is unfairly favored.
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