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EQUITY
EQUITY
EQUITY
TOPIC:
MEANING
It means that if a person is indolent to claim a remedy
for the wrong committed to him then court will refuse
to grant him any relief.
Basis of maxim
This maxim is based on a Latin expression
Explanation of Maxim
VIEW OF LORD CAMDAN
A court of equity has always refused to aid stale
demands, where a person has slept upon his right and
acquiesced for a great length of time. Nothing can call
forth the court into activity but conscience, good faith
and reasonable diligence where these are wanting, the
court is passive and does nothing.
VIEW OF SNELL
Delay which is sufficient to prevent a person from
obtaining an equitable relief is technically called laches.
Circumstances Where Delay Is Fatal
Abandonment or release of right
Abandonment or release is fatal for the claim of the
person whose rights have been infringed. Once right has
been released can’t be redressed
Illustration
A is delayed in instituting his suit for his claim because
of an agreement between him and B. in this agreement
A gives up his claim.
Illustration
A filed a suit against B, there was a delay in filing of
the suit during which the evidence which B had to use
to rebut the claim burnt in fire in his office. Here B can
claim the dismissal of case on basis of this maxim.
Acquiescence
When a person with full knowledge of his own rights
and of any acts which infringe them has either at the
time or after the infringement , by his conduct led the
person responsible for the wrong to believe that the has
waived or abandoned his rights is called acquiescence.
It is frequently associated with laches.
It is different from agreement.
LEGAL PROVISIONS
Civil procedure code 1908
Under CPC if there is delay in claiming a right the
remedy can’t be obtained.
Other Cases
The maxim is also applied in a case involving a trust, in
bills of review , in bills to redeem, proceedings to set
aside or modify judgments, accounting, discovering ,
partition, surrender and cancellation of instruments and
rescission of contracts.