Law of Equity
The establishment of the court of chancery in England made it necessary to give a name to the more ordinary branch of law that is the province of the common or ordinary courts: it is termed, the Common Law and in opposition to it, the extraordinary branch devolved on the court of chancery is termed Equity; the name being derived from the nature of the jurisdiction, directed less by precise rules, than secundum aequum et bonum(naturally just and good), or according to what the judge in conscience thinks right. Thus equity, in its proper sense, comprehends every matter of law that by the common law is left without remedy; and supposing the boundaries of the common law to be ascertained, there can no longer remain any difficulty about the powers of a court of equity. [Principles of Equity-Lord Kames-1760]
Online Law Library
- East India Company v. Campbell-07/06/1749 - East India Company v. Campbell EXCHEQUER Original Citation: (1749) 1 Ves Sen 246 English Reports Citation: 27 E.R. 1010 June 7, 1749 East India Company v. Campbell, June 7, 1749, Exchequer. Demurrer […]
- Equity Appeal - In common law cases the appellate court could ordinarily review only rulings of law. In equity cases, on the other hand, the appellate court could review findings of fact as well as conclusions of law. […]
- Equity in Indian Law - In England, the Court of Equity exercises jurisdiction in equity. The courts of India do not possess any such exclusive jurisdiction. The Courts in India exercise jurisdiction both in equity as well […]
- Indian Equity Market Vocabulary - 52 Week High Low Algorithm Trading American Option Arbitrage Arbitrage Bearish Trend Beta Bid-Ask Spread Black-Scholes Model Block Deal Blue Chip Stocks Bollinger Bands Bonus Share Bullish Trend Bull Spread Butterfly Spread […]
- Law Reform (Law and Equity) Act 1972 - New South Wales Acts Law Reform (Law and Equity) Act 1972 No 28 Long title 1 Name of Act 2 Commencement 3 Repeal and amendment 4 Application 5 Rules of equity to […]
- Pipikos v Trayans-HCA-12/09/2018 - Equity – Doctrine of part performance – "enforcement of equities", "equitable estoppel", "equitable fraud", "equity of the statute", "fraud", "parol contract", "part performance", "specific performance", "Statute of Frauds", "unequivocally referable".
- Roshanlal Kuthiala and others Vs R. B. Mohan Singh Oberai[ALL SC 1974 OCTOBER] - KEYWORDS:-Evacuee property- EQUITY-EQUITABLE ADJUSTMENT- In India the historical and artificial distinction between Equity and Law does not exist and equity itself is enforced as law with all the built-in limitations we have […]
- Rules of equity have no application if there are definite statutory provisions-SC - Civil Procedure Code, 1908—Sections 47 and 48—Execution of decree—Fraudulent conduct—Benami transaction—Inference of fraudulent motive from the circumstances—Object of preventing execution of decree against the property—No explanation sought for such conduct—The benami transaction though otherwise permissible in law can be inferred as fraudulent.
- Shiv Kumar Sharma Vs Santosh Kumari-18/9/2007 - In England, the Court of Equity exercises jurisdiction in equity. The courts of India do not possess any such exclusive jurisdiction. The Courts in India exercise jurisdiction both in equity as well as law but exercise of equity jurisdiction is always subject to the provisions of law. If exercise of equity jurisdiction would violate the express provisions contained in law, the same cannot be done. Equity jurisdiction can be exercised only when no law operates in the field.
- US federal courts’ equity jurisdiction - Equity The framers of the Constitution granted the federal courts jurisdiction over both common-law actions and suits in equity. Equity was a centuries-old system of English jurisprudence in which judges based […]