Historical Development

of Law of Equity

The Law enacted by the

Roman Empire,
commonly known as
the Roman Law
dominated the Western
Europe between 12th to
16th Century.
 • Twelve Tables represent the
Historical codified Roman Law. It
Development
encapsulates civil , criminal
of Law of
constitutional law.
Equity
 English Common Law is progeny of middle
ages. The Kings began to amassed power in
Europe in the aftermath of Norman
Historical Conquest (1066).

Development The Kings established new forms of laws

of Law of through royal orders, writ and discretionary
orders. The purpose was to resolve issue or
Equity conflicts among different parties.

In short, King was fountain of Justice.

 Historical Development of Law of
Equity

The common law was Soon, the common law

based on conventions and courts got corrupted
precedents laid down by because of unjust and
common law courts in unfair decisions by the
subsequent cases. compromised or timid Jury.
The dispensation of
Justice viz-a-viz
common law courts
in Europe has
undergone different
stages. First Stage: working of
common law courts.

Second Stage: evolution

of equity law in shape of
court of Chancellor or
Chancery Courts.
 Reasons for the Establishment of Chancery Court:

AVAILABILITY OF THE SELECTIVE JUSTICE FLAWED SYSTEM OF THEREFORE, THE

ONLY ONE REMEDY JURY CONCEPT OF PETITION
E.G., DAMAGES TO KING EMERGED
 The King formed Chancery
courts spearheaded by the
Chancellor who happens
to be “ the keepers of
King’s Conscience”.
Chancery
Courts Initially, the Chancellor
relied heavily on
conscience and principles
of natural law.
 The dispensation of Justice viz-a-viz common law courts in
Europe has undergone different stages.
First Stage: working of common law courts.

Second Stage: evolution of equity law in shape of court of

chancellor or chancery courts.
Reasons for the Establishment of Chancery Court:

Availability of the only one remedy e.g., damages.

Continued Selective Justice.

Flawed system of Jury.

Therefore, the concept of petition to King emerged.

The King formed Chancery courts spearheaded by the Chancellor

who happens to be “ the keepers of King’s Conscience”.
Initially, the Chancellor relied heavily on conscience and
principles of natural law.
 The chancellor was admired as
“ecclesiastical being”. The one
who was well versed in both civil
and canon law.

Judicatur Henry VIII, Challenged the

authority of Church and declared
e Act of himself the King as sole authority
1875 on religion.
Birth of Modern Equity :
 Judicature Act of 1875 - Continued
• Birth of Modern Equity :
• The Judicature Act of 1875 merged the courts of equity and common
law courts under one umbrella named as
Supreme Court

High Courts Court of Appeal

 The High Courts was
further divided
under 05 headings:
Judicature
Act of 1875 • Chancery Division
- Continued • King’s Branch Division
• Common Pleas division
• Exchequer Division
• Probate, Divorce and
admiralty Division
Judicature Act of 1875 - Continued
The rights and remedies of
equity post 1875 period are
The Concept of Promissory
Capacity to be used in held in retrospective spirt.
Estoppel pronounced by Lord
settling transactions. Additionally, the latest
Denning.
tweaks have made it more
refined.

The Judge’s equitable

Example: The Rights of
discretion includes
deserted spouse ( i.e
contractual license,
Property Right, Law of
constructive trust and
Inheritance)
doctrine of performance.
 Development of Equity Law in
Subcontinent

The foundations of Indian as a colony of British was

laid down with permitting the East India Company to
operate in Indian in 1609. (Thomas Roy, Jehangir)

1757

1609

The events such as Battle of Plassey in 1757,

Regulating Act of 1773 and Pit India Act 1784
strengthened the command of British over the
Indians.
 • Till independence of both India
and Pakistan the Britishers
governed United India with
English Laws.
Development • Professor Holdsworth Succinctly
of Equity Law •
captured this sentiment.
English Law was received in sub-
in continent for the same reasons
as Roman law was received in
Subcontinent Europe.
- Continued • The English law was religiously
inculcated in the minds of Indians
because of its regular execution
by the British Government.
 Definition of
Equity
• Equity is equivalent to
natural justice or
morality. In more
simple terms fairness
is considered as
equity. Father of
Modern Equity is Lord
Nottingham.
 Before the promulgation of
Judicature Act of 1875, the equity
and common law were in conflict
Relationship with each other.
between
The concept of remedy was bone of
Common contention between common law
Law and and equity where former denies
remedy and latter grants remedy.
Equity:
Judicature Act of 1875 merged both
of them and maintained that in
case of confusion the Equity Law
shall prevail.
Application After Partition, Pakistan followed
Specific Relief Act of 1877 because of
of Specific familiarity with English Law. The
Parliamentary form of Government
Relief Act of which is in practice in Pakistan is
copy of Westminster form of

1877 in Government. ( Replicated Britain

Parliamentary Democracy)

Pakistan
 Courts have been recognizing
remedies such as retribution (equal
damage/ eye for eye), restoration
(damage property restore) and
compensation (financial).

The Specific relief means” the relief in same

form”. ( Example ; same goods deliver,
specific injunction)
 • The Specific relief means” the relief in same form”.
( Example ; same goods deliver, specific injunction)
• Remedies Under Specific Relief Act in Pakistan are as Under:
• Possession of a particular property.

Application •
•
Performance of a contract.
Restricting the parties from doing something which is

of Specific •
beyond their obligation.
Rectifying the Instruments.

Relief Act of •
•
Revoking Instruments.
Rescinding Contracts.

1877 in •
•
Foreclosing the right to redeem or sell mortgaged property.
Taking an account of the property of a deceased person and
Pakistan •
administering the same.
Dissolving a partnership, rendition and realization of
accounts, and compelling partners to pay balance due.
 Code of Civil

The specific Procedure 1908

remedies Succession Act

1925

from
Trust Act 1882
granted in
the light of Transfer of
Property Act
1882
following Partnership Act
Laws: 1932

Specific Relief
1877
 Let’s Revise

Initially the Kings

Specific Relief
Relied on the
Henry V111 Story Jehangir Story Goods Shipment
--------- Principle of
Example
Law

Courts Recognize
Evolution of Equity
Specific Relief Act remedies as
----- Act of 1875 law in the shape of
18— Retribution,----,
----- Courts
Compensation

Father of Equity
Equity is Fai---------
------