Statutes and Equity-Justice Allsop

The jurisdiction of a court of equity to set aside a gift or other disposition of property as, actually or presumptively, resulting from undue influence, abuse of confidence or other circumstances affecting the conscience of the donee is governed by principles the application of which calls for a precise examination of the particular facts, a scrutiny of the exact relations established between the parties and a consideration of the mental capacities, processes and idiosyncrasies of the donor.

The Science of Right-Immanual Kant- 1790

A practical jurisconsult (jurisperitus), or a professional lawyer, is one who is skilled in the knowledge of positive external laws, and who can apply them to cases that may occur in experience. Such practical knowledge of positive right, and law, may be regarded as belonging to jurisprudence (jurisprudentia) in the original sense of the term. But the theoretical knowledge of right and law in principle, as distinguished from positive laws and empirical cases, belongs to the pure science of right (jurisscientia).

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.

Law Reform (Law and Equity) Act 1972

An Act to provide that the rules of equity shall prevail over the rules of the common law in cases of conflict or variance; to extend the defences available in inferior courts; to repeal certain sections of the District Courts Act 1912 and the Supreme Court Act 1970; and for purposes connected therewith.

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".

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.

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 adverted to. DATE:-17-10-1974 AIR 1975 SC 824 :…