Equity

Equity Law Library

4 min read

Equity

Equity Law Library

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...

Pipikos v Trayans-HCA-12/09/2018

100 min read

Equity

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".

The doctrine of subrogation

5 min read

Equity

The doctrine of subrogation

The doctrine of subrogation which means substitution of one person in place of another and giving him the rights of the latter is essentially an equitable doctrine in its origin and application, and if we examine the reason behind...

In India, distinction between equity and law does not exist and equity itself is enforced as law

6 min read

Equity

In India, distinction between equity and law does not exist and equity itself is enforced as law

In India, the historical and artificial distinction between equity and law does not exist and equity itself is enforced as law with all its built in limitations. Our equitable jurisdiction is not hidebound by tradition and blinkered by precedent, though trammelled by judicially approved...

Tax laws and equity do not always go hand in hand- Delhi High Court

5 min read

Tax laws and equity do not always go hand in hand- Delhi High Court

we do not find any error of law having been committed by the Tribunal in accepting the contentions urged by the assessed. While it is true that tax laws and equity do not always go hand in hand, but...

The doctrine of promissory estoppel or equitable estoppel

6 min read

Equity

The doctrine of promissory estoppel or equitable estoppel

The doctrine of promissory estoppel or equitable estoppel is well established in the administrative law of the country. To put it simply, the doctrine represents a principle evolved by equity to avoid injustice. The basis of the doctrine is...

Equity comes in when law is silent

17 min read

Equity comes in when law is silent

To use the language of the H.R.C. Judge, “Order has been made on the basis of equity and in pursuance of live and let live policy.” It is obvious he has passed the order solely on the basis of...

There is no depreciation on equity

1 min read

Equity

There is no depreciation on equity

What has been done by the Respondents is only to correct an obvious error that has crept in while applying the norms in the matter of depreciation on equities. That there is no depreciation on equity, cannot be disputed. SUPREME...

Rule to award interest in equity

1 min read

Equity

Rule to award interest in equity

In Ghaziabad Development Authority Vs. Union of India and Another, the Supreme Court awarded interest @ 12% per annum to meet ends of justice as the authority was found to be at fault. This was in spite of the...

Equity Law Library

Pipikos v Trayans-HCA-12/09/2018

The doctrine of subrogation

In India, distinction between equity and law does not exist and equity itself is enforced as law

Tax laws and equity do not always go hand in hand- Delhi High Court

The doctrine of promissory estoppel or equitable estoppel

Equity comes in when law is silent

There is no depreciation on equity

Rule to award interest in equity

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