Law of equity and specific relief pdf

Body of law called equity is a direct result of injustice caused by the application of common law and it is based on two principles that are fairness and conscience. However it was in 1963 that the specific relief act was passed by the parliament of india following the recommendation of the law commission of india and repealing the earlier specific relief act of 1877. Courts of equity were originally prepared to grant decrees of specific performance because it was recognised that in some cases the common law remedy of damages was inadequate. Specific relief act, 1963 bare act, bare act pdf, law notes. Equity imputes the intention to fulfill an obligation. It also provides a quick guide to the processes of following and tracing. Specific performance can refer to any kind of forced action, though it is usually enforced so as to complete a. In addition, state street shall be entitled to obtain immediate injunctive relief against the breach or. Thinking in historical categories of law and equity diverts attention from. An act to define and amend the law relating to certain kinds of specific relief. Transfer of property act commentary by dr c m hanif. Pdf development of the principles of equity in the. Whereas it is expedient to define and amend the law relating to certain kinds of specific relief obtainable in civil suits.

Difference between law and equity difference between. Home general public usertrusts and equityindialaw of specific relief law of specific relief. Difference between common law and equity compare the. Overview really the only explanation for the differences between law and equity is to be found in the history and politics of england dating to the twelfth century, but in practical terms, the distinctions are notable. Law is the body of rules which are regulated by the government and enforced by the courts while equity is a set of rules which follows the natural law and fairness. Overview really the only explanation for the differences between law and equity is to be found in the history and politics of england dating to the twelfth century, but. Aug 09, 2015 maxims of equity 40 marksthe specific relief act, 1877 60 markscourse contents maxims of equitythe specific relief act, 1877. The specific performance of a contract shall be enforced by the court subject to the provisions contained in subsection 2 of section 11, section 14 and section 16. Specific relief act, 1963 bare act, bare act pdf, law. The act was originally drafted upon the lines of the draft, new york civil code, 1862, and its main provisions embodied the doctrines evolved by the english equity courts. Equitable relief legal definition of equitable relief.

The law relating to equity is largely built on precedent. Llb law of equity and specific relief past old papers 7. Specific relief act, 1963 bare act bare act, bare act pdf. Equity body of cases, maxims, doctrines, rules and remedies which derive ultimately from specific jurisdiction by that court 1. Remedies available under specific relief act, 1963. Abstract one of the most remarkedupon achievements of the first restatement of the law of restitution was the consolidation into a single treatment of all of the law that concerned the reporters, whether it came from common law or equity. It aims fulfillment of an obligation and obtaining of the thing for which a person is entitled under a contract and of which he. The specific relief act, 1877 nasirlawsite nasir law. These are superior remedies to those administered at. Equitys refusal to intervene where adequate relief is available at law properly makes equitable relief in the auxiliary jurisdiction special. Lahore university of management sciences law 320 equity. Equity, simply put, is a form of legal relief in the event such relief cannot be found in the rules of common law. The report of the 9th law commission detailed the reasons for revising the act of 1877 briefly.

The common law courts could not provide interlocutory relief. Introduction in the last sixty years, american law has seen dramatic reforms in response to domestic abuse. Equitable remedies are designed to be ancillary to common law remedies. These equitable doctrines and procedures are distinguished from legal ones. Specific relief act, 1963 law, lawyers, advocates, law. It is called specific because under this procedure, the plaintiff gets his relief in specific, rather than a general relief or damages or compensation that is, the very thing which the. The failure and promise of common law equity in domestic abuse cases jeffrey r. Damages at law versus damages in equity commentary. There are three principal remedies available to a party in equity. Explain the concept of equity in light of legal precedents. Explain the specific relief act in details llb law notes. Pdf development of the principles of equity in the english.

The common law did not recognise equitable titles and interests. An introduction to various remedies available in equity, including rectification, specific performance, injunctions, estoppel, account of profits, subrogation, rescission, declarations and liens. In equity, this form of remedy is usually one of specific performance or an injunction injunctive relief. Courtordered action that directs parties to do or not to do something. The transfer of property act, 1882the registration act, 1908 20 markscourse contentsprinciples and the detailed provisions of all the acts as indicated above. B part i paper vii subject law of equity and specific relief past examination paper of all annual and supplementary examination papers. So, to read any section just use the initial blue index pages of this pdf. Specific performance definition, examples, cases, processes. The specific relief act, 1963 search engine for indian law. Maxims of equity 40 marksthe specific relief act, 1877 60 markscourse contents maxims of equitythe specific relief act, 1877. Neither the breach of contract nor the commission of a wrong could be restrained by injunction by the common law courts though this remedy was available in the courts of equity. It may mean that equity adopts and follows the rules of law in all cases to which those rules may in terms be applicable. The maxims of equity evolved, in latin and eventually translated into english, as the. Recent amendments to the specific relief act, 1963.

Meaning of specific performance the law relating to equity, in india today, is contained in the specific relief act, 1963 act 47 of 1963 act. Nov 19, 2014 11 equity delights to do justice and not by halves 12 equity will take jurisdiction to avoid a multiplicity of suits equity follows the law 14 equity will not aid a volunteer 15 where equities are equal, the law will prevail 16 between equal equities the first in order of time shall prevail. Dec 24, 2014 the law of specific relief is in its essence, a part of the law of procedure, for specific relief is a form of judicial redress. That this court was attempting to do equity, that is to accomplishjustice, gave rise to the term equity as the designation for the system of jurisprudence involved, and the court that dispensed it as a court of equity. But doing so by scrolling in this long pdf is hard. Although there has been a lot of disagreement about changing laws and adding to the law of equity, the rules that have been accepted by proceeding judges became precedent and are now known as maxims and are. The equity court came to his aid and gave him the relief by way of specific performance. The concept of relief is based on the principle that when legal rights are infringed by the commission of civil injuries, the person injured is entitled to redress, for. The rules have been built upon by previous situations which they have dealt with. The book, which gives a meaningful analysis of the law relating to equity, trusts and specific relief will be of immense use to students, researchers, lawyers and teachers. Llb old examination papers law of equity and specific relief of bzu for annual 2nd annual examinations. In a court of law, defendants can be ordered to pay monetary damages while in equity, if the complainant wants to get back what is taken from him instead of getting money, the.

Common law is a body of law based on precedent or court decisions. The learned author presents in this commentary on equity, trusts and specific relief, in a comprehensive and exhaustive manner, the various aspects of this subject, drawing upon not only the indigenous case law but also on english and american precedents. Be it enacted by parliament in the fourteenth year of the republic of india as follows star wherever, means there has been a recent amendment. Equity is based on a judicial evaluation of fairness, reason, good faith and justice. The ordinary operation of the law of contract, and that of the courts, could be unjustifiably disrupted if every threatened or actual breach attracted these forms of discretionary equitable relief. The evolution of the principle of equity in india is also discussed at appropriate places. A fundamental maxim, frequently stated, is that equity follows the law. Alternatively, a nonmonetary remedy, such as an injunction or specific performance, obtained when a legal remedy such as money damages cannot adequately redress the injury. While legal remedies typically involve monetary damages, equitable relief typically refers to injunctions, specific performance, or vacatur. Equity, justice and good conscience has played a very significant role in the introduction of common law in india.

Equity s refusal to intervene where adequate relief is available at law properly makes equitable relief in the auxiliary jurisdiction special. The division between equity and the common law gives rise to the varying remedies available for. However, the new amended act 2 introduced in october 2018, seemingly deviating from. Discuss the scope of a suit for recovery of specific immovable property under section 8 and 9 of the specific relief act. Understand the different types of equitable remedies. In executor contracts, a suit may be brought to compel the performance of the contract by the person in default. Equity practitioners who taught the subject at what was, between 1890 and 1971, the states only university law school at the university of sydney. May 11, 2018 this video introduces you to the specific relief act 1963 topic which talks about recovery of possession of property.

The fund acknowledges that the disclosure of any proprietary information, or of any information which at law or equity ought to remain confidential, will immediately give rise to continuing irreparable injury to state street inadequately compensable in damages at law. Law 320equity, specific relief and truststariq qazi. Equity looks on that as done which ought to be done. Bzu llb part 1 past papers of law of equity and specific relief. Lahore university of management sciences law 320 equity, specific relief and trusts spring 2017 instructor tariq qazi room no. This will be the position in the case of contracts for the sale of property that has a unique quality such as land, paintings, shares in a private company.

Section 10 of specific relief act updated cases in which specific performance of contract enforceable. The only modern commentator to criticize specific performance law seriously is professor dawson, who has called for the specific performance of all contracts to deliver chattels. Define equity and what is law of equity in pakistan. This act may be called the specific relief act, 1877. However, in 1963 the specific relief act was passed by the parliament of india following the recommendation of the law commission of india and repealing the earlier specific relief act of 1877. Numerous other flaws in the act of 1877 were highlighted and thus. The common law lacked the ability to make declarations or injunctions or to make an order for specific performance. This video introduces you to the specific relief act 1963 topic which talks about recovery of possession of property.

This note provides a guide to practical law s materials on equitable remedies. Specific performance is a directive ordered by a court wherein a party to a contract must perform a specific action as outlined in an existent contract. Lahore university of management sciences law 320 equity, specific relief and trusts spring 2018 instructor tariq qazi room no. Equitable remedies of injunctions and specific performance. Specific relief to be granted only for enforcing individual civil rights and not for enforcing penal laws.

In law, the term equity refers to a particular set of remedies and associated procedures involved with civil law. Relief is referred to as the remedy granted by courts to the suitors. The learned author presents in this commentary on equity, trusts and specific relief, in a comprehensive and exhaustive manner, the various aspects of this subject, drawing upon not only the indigenous caselaw but also on english and american precedents. Short title abstract guided by established principles of common law that view damages as the presumptive remedy and specific performance as an alternate, discretionary remedy, the specific relief act 1963 1 act has sought to protect civil and contractual rights in the event of breach of contract. Throughout the book the author follows a simple and lucid style of narration.

In india the common law doctrine of equity had traditionally been followed even after it became independent in 1947. Oliver wendellholmes offers an example of a situation in which it may be. The concept of relief is based on the principle that when legal rights are infringed by the commission of civil injuries, the person injured is entitled to redress, for there is no wrong without a remedy. Feb 28, 20 specific relief is a form of judicial redress. Specific relief can be granted only for the purpose of enforcing individual civil rights and not for the mere purpose of enforcing a penal law. The triumph of equity duke law scholarship repository. That is, courts also give specific relief at law without reference to the irreparable injury rule. I have created it to help law students go to a section quickly. Home general public usertrusts and equityindialaw of specific relief. Specific relief act full bare act download keep reading.