When may an Indian court draw on an English equitable rule as a principle of justice, equity and good…
An Indian court may draw on a suitable English equitable principle where Indian law leaves room for it. In Waghela Rajsanji v. Shekh Masludin, the Privy Council tied use of…
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When may an Indian court draw on an English equitable rule as a principle of justice, equity and good conscience?
Answer and explanation
Correct answer B
An Indian court may draw on a suitable English equitable principle where Indian law leaves room for it. In Waghela Rajsanji v. Shekh Masludin, the Privy Council tied use of English law to suitability for Indian society and circumstances. The Supreme Court in Shiv Kumar Sharma v. Santosh Kumari affirmed that equity must yield to governing statutory law.
Option feedback
Option A
A court cannot use equity to override an express statutory provision.
Option B
A suitable principle can guide a court where governing Indian law leaves room for it.
Option C
The test concerns local suitability and compatibility with Indian law.
Option D
A rule unsuitable to Indian society and circumstances need not be applied.
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