Fair remedies are usually paid in the form of a certain amount of money, while equitable remedies cause a court to order a party to bring an action, such as an injunction. Equitable remedies, unlike remedies, are granted at the sole discretion of a judge. There is no jury. Fairness also requires that the person seeking equitable relief acted in good faith in the case (i.e., the person seeking equitable relief must appear before the court “with clean hands”). Equitable remedies are sought in cases where the material damage does not render one party “whole” in the eyes of the law or where the other party has been unjustly enriched. As a result, it is not uncommon for courts to require the seller to perform a contract for the sale of land to the plaintiff if the plaintiff has illegally or unjustly attempted to leave the business. This is because land is unique in the eyes of the law: no amount of money will compensate for a seller`s failure to sell a particular piece of land that he has legally sold. Sometimes equitable remedies are sought in cases where strict enforcement would result in great injustice to the person seeking a just remedy. The maxim that applies in this case is “fairness abhors decadence.” The existence of equitable remedies is the recognition by the legal system that, even if a remedy exists; In some cases, the remedy would lead to an unfair result. These situations are relatively rare, but they do occur.
Extent of fairness enforcement in Bangladesh – In addition to legal laws, Bangladeshi courts also enforce capital punishment laws. But their nature and extent differ from those of England. The principle of justice in England is applied in Bangladesh and can be modified if necessary. At present, Bangladeshi courts continue to apply the principles of the law of equity alongside similar provisions. But although the nature and extent of England are similar, there are distinct characteristics between the two. Therefore, the just principles of the English court will be applied in the courts of Bangladesh, subject to the necessary changes. The conventions as they apply in Bangladesh are – – Temporary injunction – Appointment of the transitional government – Concrete performance of the contract – Partial execution – Trust Act. ¢ Repayment of the mortgage It is particularly striking that the above-mentioned laws are clearly defined in the provisions of the Mortgage Scheme. Special Relief Act, 1877? Trust Act, 1882? Treaties Act of 1872 and ? Transfer of Property Act of 1882, in force in Bangladesh. But not all the just principles of England are equally and fully applicable to the courts of Bangladesh.
For example, the doctrine of satisfaction and the abolition of just principles are not recognized by Bangladeshi courts. But it is true that these principles have made a great contribution to the field of legal development by eliminating the gaps, harshness and complexity of the common law. Equity Law Practices in Bangladesh The provision of a law on specific remedies regarding injunction, reversal, rectification and recession, etc. recognizes the principles of justice on a large scale. The advice given by foreign courts in the interpretation and application of the provisions of Indian law is therefore particularly valuable. The rules contained in the Indian Trust Act 1882 were essentially the same as those administered at the time by the English courts of equity under the name of Justice. Some doctrines of fairness have been imported into the Indian Contracts Act, and some of them that generally relate to contract law are the doctrine of penalties and forfeiture with respect to time in a contract. §§ 64 and 65 of the Indian Contract Act nothing more than the coded form of the maxim “He who seeks justice must do justice” The Transfer of Property Act also contains many doctrines of equity emanating from the Court of Chancery in England. Apart from these doctrines, sections 48 and 51 of the current Transfer of Ownership Act are based on equity.
The English doctrine of equity of partial performance has also been reproduced in section 53-A of the Transferred Property Act. Differences between Bangladesh Equity and English Equity Although much of the English Equity Act has given way to all of Bangladesh`s rules or regulations, this does not mean that no provision is omitted. Only a few provisions have been omitted, such as the Ademption and Satisfaction of the Equity Law of England, which are not accepted by the Parliament of Bangladesh. But on the other hand, there is no difference between legal and just rights and interests. The right to repatriation is not a fair title in Bangladesh, here it is a legal title. In the case of the sale of a property, the buyer is entitled to a suitable property according to England Equity, but he will not be apple in Bangladesh. The type of banami transaction in Bangladesh is completely different from that in England. In order to ensure adequate justice, inherent powers have been conferred on Bangladeshi courts under section 151 of the Code of Civil Procedure. Influence of equity on the Constitution of Bangladesh Article 19 (1) of the Constitution of the People`s Republic of Bangladesh has been incorporated into the “Maxim of Justice”. The maxim of justice is applied at the time of the administration of justice as in England. Where the common law was insufficient, the law of equity functions as an auxiliary law to the common law. The maxim of fairness before the Court of England shall apply in the Court of Bangladesh, subject to any necessary modifications.
Conclusion Justice and the common law represented opposing values in the English legal system. The common law was the creation of a judiciary independent of the Crown. Common law courts believed in the strict interpretation of statutes and precedents. While the common law produced results based on years of legal wisdom, justice produced results based on the whims of the royal chancellor. Common law judges viewed fairness as arbitrary and a royal encroachment on the power of an independent judiciary. The famous seventeenth-century Justice John Selden called justice a “rogue thing,” noting that outcomes in equity cases may well depend on the size of a chancellor`s foot. Thus, we have seen that in enacting many laws, the Bangladeshi legislature has essentially adopted the English rules of justice, but it should also be noted that not all the rules of English justice are applicable in Bangladesh. For example, while the English rule states that a fair court does not apply specific performance of an uninterrupted obligation that extends over many years, section 21 of the Specific Remedial Act in this regard sets a specific time limit that does not expressly perform a contract requiring the performance of an uninterrupted obligation for more than 3 years.
In fact, the Bangladeshi legal system follows the rules of the English equality system, which are compatible with the conduct of our people, the use of our people and the humanity of our people. Bibliography ⢠Shri Dinesh Chandra Devnath (2009) The Law of Equity and Trust 8th Edition, Kamrul Book House ⢠Md. Golam Rosul (2011) The Law of Equity and Trust 2nd Edition, Muhit Publications ⢠W. Ashburner (1933) Principles of Equity 2nd Edition, Londres, Butterworths ⢠J. Eekelaar (1987) A Woman’s Place – A Conflict between Law and Social Values, Conv93 ⢠P. Ferguson (1993) Constructive Trusts – a Note of Caution, 109 LQR 530 ⢠Goff & Jones (1998) The Law of Restitution 5th Edition, Londres, Sweet & Maxwell ⢠Hayton & Marshall (1996) Commentary and Cases on the Law of Trusts and Equitable Remedies 10th Edition, Londres, Sweet & Maxwell ⢠Heydon, Gummow & Austin (1993) Cases and Materials on Equity & Trusts 4th Edition, Londres, Butterworths ⢠Maitland (1936) Maitland’s Equity 2nd Edition, Cambridge, Cambridge University Press ⢠Meagher, Gummow & Lehane (1992) Equity: Doctrines & Remedies 3rd Edition, Londres, Butterworths ⢠E. J. Mockler (1962) Commentary on Gladys Evans v Minister of National Revenue, 40 CBR 265-284 [The Case that this piece is related to find at: [1960] CTC 69] ⢠Parker & Mellows (1998) The Modern Law of Trusts 7th Edition, London, Sweet & Maxwell ⢠Pettit (1997) Equity and the Law of Trusts 8th Edition, Croyden, Butterworths Tolley (6)Where equities are equal , In the absence of legal succession in this matter and if the dispute belongs only to the equitable estate, the rule applies that the person whose net worth is first related to the property has priority over others or others, for example if A enters into a contract for the sale of his house with B and then with C, Since the interests of B and C are both fair, B takes precedence over C because it is related to the property first.