When may an Indian civil court draw on an English equitable rule as a principle of justice, equity and…
Waghela Rajsanji v. Shekh Masludin treated English rules as a possible source of justice, equity and good conscience where suitable to Indian society and circumstances. Shiv…
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When may an Indian civil court draw on an English equitable rule as a principle of justice, equity and good conscience?
Answer and explanation
Correct answer D
Waghela Rajsanji v. Shekh Masludin treated English rules as a possible source of justice, equity and good conscience where suitable to Indian society and circumstances. Shiv Kumar Sharma v. Santosh Kumari confirmed that an Indian court exercises equity subject to the governing statute.
Option feedback
Option A
Incorrect. Equity operates subject to express statutory law.
Option B
Incorrect. Suitability to Indian conditions is part of the inquiry.
Option C
Incorrect. Party agreement does not authorize the court to disregard governing law.
Option D
Correct. A suitable principle may fill a gap in the governing Indian law.
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