UP JUDICIARY Principles of Equity Syllabus

UP JUDICIARY Principles of Equity: topic-wise syllabus

1. 1

   Historical Origins and Development of Equity

   ~3 marks

   • Origin in England: Common Law Courts, Rigidity, Writ System, Inadequacy of Remedies
   • Court of Chancery: Chancellor's Jurisdiction, Exercise of Conscience, Lord Ellesmere, Earl of Oxford's Case (1615)
   • Judicature Acts 1873-75: Fusion of Law and Equity, Administration of Both in All Courts
   • Equity in India: Application as Justice, Equity and Good Conscience (Section 20, Bengal Regulation 1772), Courts of Chancery in Presidency Towns
   • Case Law: Earl of Oxford's Case (1615) — Equity Prevails; Walsh v Lonsdale (1882) — Fusion of Law and Equity
2. 2

   Maxims of Equity

   ~5 marks

   Detailed Study

   • He Who Seeks Equity Must Do Equity: Clean Hands Doctrine, Illustrations and Exceptions
   • He Who Comes to Equity Must Come with Clean Hands: Diligent Conduct, No Fraud, Fair Dealing
   • Equity Acts in Personam: In Rem vs In Personam, Specific Performance, Injunction, Constructive Trusts
   • Delay Defeats Equity (Laches): Acquiescence, Waiver, Negligence, Statutes of Limitation
   • Equity Follows the Law: Complement Not Replacement, Modifies but Does Not Contradict
   • Equality is Equity: Joint Tenancy, Tenancy in Common, Distribution of Trust Property
   • Equity Looks to Intent Rather Than Form: Substance Over Form, Doctrine of Conversion
   • Equity Looks on That as Done Which Ought to Be Done: Walsh v Lonsdale, Specific Performance
   • Equity Will Not Suffer a Wrong to Be Without a Remedy, Equity Imputes an Intention to Fulfil an Obligation
3. 3

   Equitable Doctrines and Estoppel

   ~5 marks

   • Doctrine of Election: Cannot Approve and Disapprove Same Instrument, True Owner Rule
   • Doctrine of Satisfaction and Performance: Satisfaction of Debt by Legacy, Portion, Performance of Covenant
   • Doctrine of Conversion: Money to Land, Land to Money, Trust for Sale, Direction for Sale
   • Doctrine of Lien: Vendor's Lien, Purchaser's Lien, Equitable Charge
   • Promissory Estoppel: Central London Property Trust v High Trees House (1947), Motilal Padampat v State of UP, Representation + Reliance + Detriment
4. 4

   Equitable Remedies and Their Application

   ~4 marks

   • Injunctions: Temporary, Perpetual, Mandatory, Prohibitory, Quia Timet, Mareva Injunction, Anton Piller Order
   • Specific Performance: Contract Act & Specific Relief Act, Adequacy of Damages, Discretionary
   • Rescission and Rectification: Setting Aside Contracts, Correcting Instruments
   • Account of Profits, Appointment of Receiver, Delivery Up, Cancellation of Documents