The Doctrine of Justice, Equity

and Good Conscience

Presented by:
 Mayur Tejawat
 Yashasvi Sharma
 Raj Mehta
 Amisha Verma
 INTRODUCTION
 In India the doctrine of ‘justice, equity and good
conscience’ was introduced, for the first time, in
the presidency of Bengal, in the year 1780.
 It was later transplanted in the mofussil of Bombay
and Madras Presidencies. The doctrine was later
on introduced in the other territories of India also.
 The general idea behind this doctrine was that if
on a particular point of dispute before the Court
there was no express/parliamentary law, no
Regulation and if it fell outside the heads for
which Hindu and Mohammedan laws were
prescribed, then the Court was to decide the
matter according to ‘justice, equity and good
conscience.
 MEANING OF THE DOCTRINE
 The basic meaning of equity is evenness,
fairness, justice and the word is used as
synonym for natural justice.
 The doctrine of justice, equity and good
conscience meant, “in substance and in
circumstances the rules of English law
wherever applicable.“
 It was applied by the courts only for few
topics, viz., inheritance, marriage, caste,
and other religious usages and
institutions. It was introduced to cover
gaps left in law.
 APPLICATION OF THE
DOCTRINE
 KHWAJA MUHAMMAD KHAN V. HUSSAINI BEGUM 30
 In this case, an agreement was entered into between
the plaintiff father and the defendant, plaintiffs father-
in-law, in which he agreed to give Rs.500/- to her for
her marriage with his son.
 The plaintiff was minor at the time. She was held
entitled to enforce her claim although she was not
herself a party to the contract.
 The Privy Council observed that “in India, and among
communities circumstanced as the Mohammendans,
among whom marriages are contracted for minors by
parents and guardians, it might occasion serious
injustice if the common law doctrine was applied to
agreements and arrangements entered into in
connection with such contracts.”
 GROWTH OF EQUITY
 “A dual system of rights and interests, namely-
legal and equitable, came to the fore due to
double system of the administration of justice in
England before the judicature Act,1873-1875.
 As equity developed it began to conflict with
common law.
 ‘In the event of any conflict between the
common law and the alw of equity, equity would
prevail’.
 By the beginning of the 19th century the Court of
Chancery had become a court of equity.
 The primacy of equity as stated by Sir Francis was
later enshrined in the in the Judicature Act,1873
s25 which joined the Courts of equity and the
Courts of common law into one under the title of
the Supreme Court
 EQUITY IN INDIAN LEGAL
SYSTEM
 Statutory recognitions of the principles of
equity are found in:
1. The Indian Contract Act,1872;
2. The Specific Relief Act,1872;
3. The Indian Trust Act,1882;
4. The Transfer of Property Act,1882; and
5. The Indian Succession Act,1925.
 EVILS OF THE COMMON LAW

 Many cases were lost on technicalities

 The common law did not allow oral evidence
 There was no power of enforcement
 It was easy to avoid the consequence of one’s
actions
 The wager of law was unfair
 There was no recognition of trusts
ADVANTAGES OF EQUITY
OVER THE COMMON LAW
 The chancellor developed new remedies that able to
compensate plaintiff’s more fully than the common law
remedy of damage:
1. Injunction
2. Specific performance
3. Account of profits
4. Declatory relief
5. Rectification
6. Estoppels
7. Certain proprietary remedies
 DISADVANTAGES


1. At the rule applied by English judges
were not consistent with customs, habits
and circumstances and were technical in
nature which generated injustice
2. This resulted in judicial legislation by
imposing rules foreign to this country
 ADVANTAGES

 1.It helped in development of various

branches of law not covered by either
Hindu or Muslim law
2 .In the absence of sound provisions of
the personal laws it served as a valuable
source of sound law,
3. It removed uncertainty in law.
4. Distinction between mofussil law and
presidency towns law was removed.
 CONCLUSION

 It was late in 17th century that equity’s principle

first evolved in the system. Till then its principles
were hazy and unclear.
 The doctrine of justice, equity and good
conscience allowed wide discretion to the judges
in deciding the cases .
 The discretion of one judge was often found to
differ fro the discretion of another judge . On
account of it, diversity and uncertainty
developed in the field of law.
 This can be easily perceived from the
administration of company.
 The codification of the Indian law was only
remedy for removing these evils.