Equity in India

As a branch of a legal system Equity refers to the principles or rules arising from
the process of administration of justice in those cases or areas which are not
sufficiently covered by the Statutes. Since, it is not feasible on the part of the state
to devise a comprehensive code of law in order to govern every contingency;
Equity supplements the law with the essence of liberty and kindness. In India,
Equity owes its origin to the ancient Hindu period when legal experts defined the
old laws and set out new rules of interpretation and equitable solutions in case of
any conflict between rules of different laws. For the administration of Equity there
was never established any separate court in India since most part of the law for
application by the court is codified. However, the courts act according to the
principles of Equity, justice and good conscience in the absence of any specific law
or usage in matters placed before the court. Principles of Equity are also clearly
noticeable in the Mohammedan Law. The English Laws also contributed to the
development of Equity jurisdiction in India. The Regulation of 1827 laid down a
provision which required the East India Company Courts to act according to the
principles of justice, Equity and good conscience in the absence of any specific law
or usage. In most of the laws enacted in India for the guidance of the judges, the
provision of the rule of justice, Equity and good conscience has been expressly laid
down. The principle of Equity has been codified in various laws, such as, the
Specific Relief Act, 1877, the Indian Trusts Act, 1882, the Indian Succession Act,
the Guardian and Wards Act, the Indian Contract Act, 1872 and in the Transfer of
Property Act, 1882.