MAXIMS OF EQUITY for the Students of Law Department.pptx

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1. MAXIMS OF EQUITY Lecturer Md Monjurul Islam Assistant Judge, Mymensingh

2. WHAT IS A ‘MAXIM’? Short, pithy formulations of broad and general principles of common sense and justice. __Walker D.M.

3. Memorize this list 1. Equity will not suffer a wrong to be without a remedy 2. Equity follows the law 3. He who seeks equity must do equity 4. He who comes into equity must come with clean hands 5. Delay defeats equities 6. Equality is equity

4. 7. Equity looks into the intent rather than the form 8. Equity looks on that as done which ought to be done 9. Equity imputes an intention to fulfill an obligation 10. Where there is equal equity, the law shall prevail. 11. Where the equities are equal, the first in time shall prevail 12. Equity acts in personam .

5. 1. EQUITY WILL NOT SUFFER A WRONG TO BE WITHOUT A REMEDY •General Meaning: Equity will not allow the technical defects of law to prevent worthy plaintiffs from obtaining redress.

6. 1. EQUITY WILL NOT SUFFER A WRONG TO BE WITHOUT A REMEDY Ubi jus ibi remedium – No wrong should go un-redressed if it is capable of being remedied by courts

7. Ashby vs White “if a man will multiply injuries, actions must be multiplied too, for every man that is injured ought to have his recompense”

8. Snell observed that, “it is on this maxim that the court of chancery based its interference to enforce uses and trustes ”

9. Lloyds Bank ltd vs Medway U.N. Co. 1905 To redress to the discovery or production of documents from the defendant the Court of Chancery extended its jurisdiction to appointment of receiver by way of equitable execution.

10. APPLICATION IN BANGLADESH A. Code of Civil Procedure, 1908 •Section 9 : Courts to try all civil suits unless barred: The Courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred.

11. THIS SECTION ENTITLES A CIVIL COURT TO ENTERTAIN ALL KINDS OF SUITS UNLESS THEY ARE PROHIBITED

12. B. Code of Civil Procedure, 1908 Section 151: Saving of inherent powers of Court Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court

13. C. The Specific Relief Act, 1877 • Part II: Section 44 The appointment of a receiver pending a suit is a matter resting in the discretion of the Court. The mode and effect of his appointment, and his rights, powers, duties and liabilities, are regulated by the Code of Civil Procedure.

14. D. Code of Civil Procedure, 1908 Order XL: Schedule I • Appointment of receivers • Remuneration • Duties • Enforcement of receiver's duties

15. Writ provisions in the Constitution and public interest litigation devices have now extended the scope and effective working of this maxim.

16. Limitation 1. Breach of Moral rights. 2. Relief within the Common Law court’s jurisdiction. 3. Negligence and waiver of right.

17. Thank you