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Chapter 1

Introduction
In law, the term "equity" refers to a particular set of remedies and associated procedures
involved with civil law. These equitable doctrines and procedures are distinguished from
"legal" ones. A court will typically award equitable remedies when a legal remedy is
insufficient or inadequate.
Equity is a legal system for obtaining a fair result when existing laws do not provide
solution. It is a set of legal principles that supplement strict rules of law where their
application would operate harshly. equity maxim are legal maxims that serve as a set of
general principles or rules which are said to govern the way in which equity operates
Equity is a Latin word which means fairness, justice. It is a system of law originating in the
English chancery and comprising a settled and formal body of substantive and procedural
rules and doctrines that supplement, aid, or override common and statutory law. Equity is
based on a judicial assessment of fairness as opposed to the strict and rigid rule of common
law. In cases, where Common Law was not applicable, the Chancellor presided over such
cases in special courts called ‘Equity Courts’. Equity courts had a separate existence from
the Common Law Courts in England.

 1.1 Definition of equity by various jurists

According to Plato:

“Equity is a necessary element supplementary to the imperfect

generalization of legal rules.”
According to Snell:
“Equity is a portion of natural justice which, although of a nature suitable
for judicial enforcement, was for historical reasons not enforced by the Common Law
Courts, an omission which was supplied by the Courts of Chancery.”

According to Henry Levery Ulman

“Equity is a body of rules, the primary source of which was neither

custom nor written law but the imperative details of conscience and which had been set
forth and developed in the Court of Chancery.”

1.2 Nature of Equity

The nature and scope of equity says that equity must preliminary mean right doing, or
justice in the purely ethical meaning of that word. In England equity has acquired an entirely
specialized meaning. It includes technically only certain rules which were developed in the
court of chancery. The basis for its creation may have been the desire to do right thing
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between men according to the moral law of time, but it was always limited and has now
become a fix body of principles of the common law.

It is no longer possible to claim redress simply upon moral grounds; it is necessary to show
some principles recognized by the system of Equity before a remedy can be granted.

Firstly, equity has enforced rights which the common law Courts failed to enforce; Secondly,
equity has developed additional remedies to the common law for the enforcement of
common law rights. Lastly, the procedure in the Common Law Courts was defected,
especially is not compelling or even allowing a defendant to give evidence and in limiting the
enquiry to the action.