Meaning: Latin term \u201cUbi jus ibi remedium\u201d. Where there is a right, there is
remedy
It means that no wrong should go undressed if it is capable of being remedied by
courts. Where there is a wrong. There is a remedy. Where there is right there is a
remedy. Aright without a remedy is a vex thing.

Recognition in Bangladesh: The Trust Act 1882, Section 9 of the Civil Procedure
Code & the Specific Relief Act in Bangladesh has incorporated the above principle.
The Civil Procedure Code entitles a civil court to entertain all kinds of suits
unless they are prohibited. The Specific Relief Act provides for equitable
remedies like specific performance of contracts, ratification of instruments,
injunction & declaratory suits.
Sec-9 and sec-151 of CPC \u2013 CIVIL courts have jurisdictions to try all suits of
civil nature unless there barred.
Specific Relief Act:-
1.

Meaning: Latin term \u201cAcquits sequitur legem\u201d. The equity court observed common law
while administering justice according to conscience.
Maitland says that,

\u201cWe ought not to think of common law & equity as
of two rival systems. Equity has come not to destroy the law but to fulfill it, to
supplement it, to explain it.\u201d
Every jot & every title of law was to be bayed, but when all this had been done
yet something might be needed, something that equity would require & that was
added by equity. There goal was the same but due to historical reason they chose
different path.
Equity respected every word of law & every right at law but where the law was
defective, in those cases, equity provides equitable right & remedies.
According to Snell,

\u201cIf some important point is disregarded by common
law court, then equity interferes.\u201d
Thus, Equity follows the law but not always.
Recognition in Bangladesh: Bangladesh has not recognized the distinction between
equitable and legal interest. Equity rules therefore in Bangladesh can not
override the specific provisions of law. As for example, every suit in Bangladesh
has to be brought within the limitation period and no judge can create can
exception to this or can prolong the time \u2013 limit. Similarly no court can confer
rights, which can be acquired only by registration of a document, on a party,
without getting the document registered.
Maxim 3
He who seeks equity must do equity

Meaning: The maxim means that to obtain an equitable relief the plaintiff must
himself be prepared to do equity.
The plaintiff must recognize & submit to the right of his adversary; you must do
unto your neighbors what you wish him to do unto you.

Recognition in Bangladesh: (1) The Contract Act, Under section 19-A of The
Contract Act contracts entered into under undue influence are voidable and
therefore a party to a contract who has the potion of getting the contract
declared void will have to return the benefits so abstained to the party form whom
he abstained it under such contract. This is but proper, because one cannot
benefit twice. One cannot opt out the liabilities form such contract.
(2) Under the Transfer of Property Act, Section 35 embodies the principle of
election which rests on the principle of \u201capprobate & reprobate\u201d as is known in
Scotland, meaning thereby that a men shall not be allowed to approbate &
reprobate.
Section 51 of the Transfer of Property Act
Section 30 of the Specific Relief Act 1877

Meaning: Equity, as it was based on good faith and conscience, demanded fairness,
uprightness and good faith not only form the defended bit also form the plaintiff.
It is therefore aptly said that, \u201che that hath committed an inequity\u201d. This very
idea is expressed in this maxim but in a different terminology. It is well known
that ex turpi causa non oritur action, no cause of action forma base cause. As
said in previous maxim, he who seeks equity must do equity that is, one must be
prepared and willing to behave and to do what, according to the principle of
morality, justice and reason, is fair and just. While applying this maxim the
court believed that the behavior of the plaintiff was that not against conscience
before he came to the court for its assistance

Recognition in Bangladesh: (1) Section 23 of the Trust Act 1882
(2) Section 17, 18 & 20 of the Specific Relief Act. Where the plaintiffs is guilty
of sharp practice, fraud & undue influence as detailed under Section 18 or where
there is a contract to sell or let property by a plaintiff who has no title as
specified under Section 17, specific performance will not be granted to the
plaintiff. The jurisdiction to specific performance under Section 20 is
discretionary and the court id not bound to grant such a relief merely because it
is lawful to do so. The courts discretion is not arbitrary but sound and
reasonable, guided by judicial principle and capable of connection, by a court of
appeal.

Meaning: Latin term \u201cVigilanibus, non dormentibus, jura subvenient\u201d. It means
\u201cEquity aids the vigilant & not the indolent\u201d. It is an undisputed axiom that
eternal vigilance ids the price of liberty if one sleeps upon his right, his right
will slip away form him.
Where an injured party has been slow to demand a remedy for a wrong, which he has
for a long time regarded with apparent indifference, the court will decline to
give him that remedy.
Recognition in Bangladesh: Article 113 of The Limitation Act 1908, which fixes a
period of three years within which a suit for specific performance should be
brought.
Section 51 of The Transfer of Act in Bangladesh embodies this doctrine.

Section 56 of the Specific Relief Act, under this section, injunction cannot be
granted
(1)

The former arises out of a presumption of a contract while the latter
(Section 51, Transfer of Property Act) rests on the maxim \u201cHe who seeks equity
must do equity\u201d).
(2)

Where the former is invoked there is no question of eviction at all and the
estoppels party has not pay compensation while the latter does not prevent
eviction but puts the evictor on equitable terms as regards compensation with an
option to sell his interest to the person sought to be evicted.

Meaning: Plato defines equality as \u201ca sort of justice\u201d. And further pointes out
that \u201cif you cannot find any other, equality is the proper basis\u201d. This maxim is
explained also as equity delighted in equality\u201d, which means that as far as
possible equity would put the litigating parties on an equal level so far as their
and responsibility are concerned. The maxim expresses the object of both law and
equity in order to effectuate a distribution of property and losses, proportionate
to several claims & liabilities of the parties concerned. Equity therefore means
proportionate equality.

Recognition in Bangladesh: All these four doctrine resulting form the application
of the maxim is \u201cequality is equity\u201d have been recognized in Bangladesh under
various enactments:
(1)

The Contract Act, Section 42, illustrates tenancy in common as regards
devolution of liabilities.
(2)

Section 43 illustrates that one of a number of promisors who has performed
the promise is entailed to compel the other promisors to contribute equally with
him.
(3)

Transfer of Property Act, Section 56 illustrates the doctrine of
marshalling.
(5)

The Trust Act, Section 27, there is contribution also as between co-trustee.
Maxim 7
Equity looks to the intent rather than the form

Meaning: As is seen before, Common Law was very rigid and inflexible. It could not
respond favorably to the demands of time. In respect of acquisition and transfer
of property, it regarded the form of a transaction to be more important than its
substance. Moreover it expected the contracting parties to rigidly observe their
agreements and to perform their stipulation to the very letter (litera acripta) of
every promise or agreement.

Recognition in Bangladesh: The principle contained in the maxim has been recognized under Bangladeshi Law in section 55 and 74, The Contract Act. Section, 114 and 114-A of The Transfer of Property Act.