person entitled to sue
1.Introduction:Equity clean hands
1. Introduction:
The person seeking relief must not himself guilty of illegal or immoral conduct with regard to the same transaction which would disentitle him to any assistance of the court. the court of equity will take into consideration, the personal conduct of the plaintiff in the transaction in dispute and if he had not sought the help of the court with clean hands, court will refuse to grant him relief.
2. Meaning:
It means that the plaintiff not only must be prepared to do...
Follow the law
1. Introduction:
Equity has no clash with law neither it overrides the provisions of law. nor it is the enemy of law. it adopts and follows the basic rules of law. it is said that equity is not a body of jurisprudence acting contrary to law but is rather a supplement to law. it is a well knows rule that equity follows the analogies of law. the equity came not to destroyy the law but to fulfit it, to supplement it, to explain it. equity respect every word of law.
2. Meaning:
Equity is...
1. Introduction:
The court of equity always enforced its decree in personam. the court orders the decree of the court of equity do not directly operate to transfer legal right from the defendant to the plaintiff, but is of nature of personal command on the defendant and it is effected through his personal obedience. if he fails to obey the order of court of equity he is arrested and imprisoned.
2. Meaning:
Equity binds the conscience of a person do which is required by the court....
Declaration
1. Introduction:
Declaration is an authoritative pronouncement by the court in respect of a person's right to property or his status. declaration under specific relief act is particular type of relief where there is no specific performance, no award of compensation but merely a declaration of rights of the parties.
2. Relevant Provisions:
Sec. 42, 43 specific relief act.
3. Discretion of court as to declaration of status or right:
Any person entitled to any legal character, or to any right...
Must do equity
Any one seeking assistance of a court of equity must, as a conduction to obtaining relief, do justice as to the matters in which the role of the court is sought for. if anyone is willing to have the justice of equity then he should always be ready to return equity to others.
2. Meaning:
It means that to obtain an equitable relief the plaintiff must himself be prepared to do equity.
According to W. Smith
He who seeks equity, must do equity in the transaction in respect of which relief...
Delay defeats equity
1. Introduction:
Equity helps those who are vigilant toward their rights. reasonable diligence is the first requisite for an equitable relief. if a person has negligently slept over his rights for a length of time disproportionately long, equity will not allow him the litigate in respect of them. the person who is guilty of laches or undue delay, is not entitled for the relief by the court of equity.
2. Meaning:
It means equity aids the vigilant and not the indolent.
4. Purpose:
Nationality
1. Introduction:
Nationality is status of a person who is attached to a state by the tie of allegiance. it is a relationship between a state and individual. the fundamental basis of a nationality of a person is membership of an independent political community. the question of determination of nationality comes within the doctrine of municipal law. the Hague conference (1930) while adopting convention of the conflict of nationality laws left to each state to determine as to "who are its...
Asylum
1. Introduction:
Asylum is the protection which a state gives on its territory on in some other place under the control of certain of its organs to a person who comes to seek it. it is the right to every state to refuse to extradite any refugee in certain circumstances.
2. Meaning:
The word Asylum is Latin and derived from the Greek word "Asylia" which means invoidable place.
3. Definition:
Asylum is shelter and active protection extended to a political refugee from another state by a state which...