SUPREME COURT ON EQUITY, ESTOPPEL, ACQUIESCENCE AND WAIVER-Since 1950 till date

The study of Equity is interesting yet complicated in India because much has been codified in statutes such as the Trusts Act, 1882, Transfer of Property Act, 1882 and Specific Relief Act, 1887/1963, while there is also a lot of Judge-made law.

The present compendium contains selective case law of the Supreme Court on the general principles of Equity from 1950 till the present. The SCC Editors have painstakingly extracted rulings of the subject by the Supreme Court since 1950 from myriads of different fact situations. The digest covers the complete case law up to (2015) 1 SCC. Some of the principles have been covered under headings like: Equitable Interests, Estates and Trusts, Injunction, Specific performance and other forms of Equitable Relief, Contractual matters, Property matters.

The law relating to Estoppel, Waiver and Acquiescence has its foundation in Equity. Hence, these subjects have also been included in the same Digest.

Detailed cross-references have been given at appropriate places so that the reader is guided to the subject-area where the principles are covered in greater detail. Topic headings and synopses have been added to enable quick reference. Table of Cases Digested, Date of decision, Coram details, etc. are other useful and unique features. 

This analytical, systematic and comprehensive work is an authoritative source of law on the subject by the highest court of the land. A valuable companion work is Supreme Court on Specific Relief Act.

1. EQUITY

Bird’s eye view

Page

1.1 Principles/Doctrines/Maxims relating to Equity

1.2 Equity vis-à-vis law

1.3 Equitable Interests, Estates and Trusts

1.4 Restitution

1.5 Equitable set-off

1.6 Equity and Criminal Law

1.7 Equity and Taxation

1.8 Injunction, Specifi c performance and other forms of Equitable Relief

1.9 Equity and Election Law

Detailed Synopsis

1.1 Principles/Doctrines/Maxims relating to Equity

1.1.1 Generally

1.1.2 Equality is equity

1.1.3 Equity will not suffer a wrong to be without a remedy/Ubi jus ibi remedium

1.1.4 Delay defeats equity/Delay/Laches, Effect of

1.1.5 He who seeks equity must do equity/must come with clean hands/Ex turpi

causa non oritur actio

1.1.6 Uberrima fides

1.1.7 Fiduciary relations and obligations

1.2 Equity vis-à-vis law

1.2.1 Generally

1.2.2 Equity follows the law/statute: equity can supplement but not supplant the law/statute

1.2.3 Equitable construction of statutes

1.2.4 Equity looks upon a thing as done which ought to have been done

1.2.5 Where the equities are equal, the law prevails/When equities are equal, the first one in point of time prevails/In aequali jure, melior est conditio possidentis

1.2.6 Equitable relief/Moulding relief/Balancing of equities/Doing complete

justice/Judicial discretion/Individualised Justice/Sympathy/Misplaced sympathy

1.3 Equitable Interests, Estates and Trusts

1.3.1 Generally

1.3.2 Constructive trust/Resulting trust

1.3.3 Other equitable interests and estates

1.3.4 Adverse possession and equity

1.4 Restitution

1.5 Equitable set-off

1.6 Equity and Criminal Law

1.7 Equity and Taxation

1.8 Injunction, Specifi c performance and other forms of Equitable Relief

1.9 Equity and Election Law

2. ESTOPPEL, ACQUIESCENCE AND WAIVER

Bird’s eye view

2.1 Meaning, Ingredients & Relative Scope of Estoppel, Acquiescence & Waiver

2.2 Estoppel against Statute/Statutory rules

2.3 Estoppel against/Waiver of Fundamental rights/Constitutional rights/Statutory rights

2.4 Estoppel against Legal Remedies

2.5 Principles re Judicial Proceedings

2.6 Estoppel/Acquiescence/Waiver in Private law matters

2.7 Estoppel/Acquiescence/Waiver in Public Law matters: Estoppel involving

Government and Promissory Estoppel

Detailed Synopsis

2.1 Meaning, Ingredients & Relative Scope of Estoppel, Acquiescence &

Waiver

2.1.1 Generally

2.1.2 Estoppel — Meaning and Ingredients

2.1.3 Estoppel and Promissory Estoppel — Relative Meaning and Scope

2.1.4 Acquiescence — Meaning and Ingredients

2.1.5 Waiver — Meaning and Ingredients

2.1.6 Relative scope of Estoppel, Acquiescence & Waiver

2.1.7 Estoppel/Acquiescence/Waiver — Only defences or furnish cause of action

2.1.8 Third parties if bound

2.2 Estoppel against Statute/Statutory rules

2.3 Estoppel against/Waiver of Fundamental rights/Constitutional rights/

Statutory rights

2.4 Estoppel against Legal Remedies

2.5 Principles re Judicial Proceedings

2.5.1 Admission

2.5.2 Concession/Undertaking

2.5.3 Delay and Laches

2.5.4 Election/Approbation and reprobation

2.5.5 Jurisdiction — Estoppel/Waiver against challenging/Acquiescence to

2.5.5.1 Generally

2.5.5.2 Inherent jurisdiction defects/Jurisdiction defects going to root of the matter

2.5.5.3 Curable errors of jurisdiction

2.5.6 Res judicata/Finality/Estoppel by records/Issue estoppel/New plea/Acquiescence

2.5.7 Null judgment/decree/order/award or obtained by fraud

2.6 Estoppel/Acquiescence/Waiver in Private law matters

2.6.1 Arbitration matters

2.6.2 Banking matters

2.6.3 Consumer protection and Tort matters

2.6.4 Contractual matters (including issues re Promissory Estoppel)

2.6.5 Family and Personal matters

2.6.6 Labour and Industrial matters

2.6.7 Property matters

2.6.7.1 Adverse possession

2.6.7.2 Leasehold/Tenancy matters

2.6.7.3 Pre-emption suits

2.6.7.4 Sale/Auction-sale

2.6.7.5 Feeding the grant by estoppel

2.6.7.6 Other transactions relating to property

2.6.8 Restitution matters

2.7 Estoppel/Acquiescence/Waiver in Public Law matters: Estoppel

involving Government and Promissory Estoppel

2.7.1 Promissory Estoppel — Meaning, Scope and Applicability

2.7.2 Promissory Estoppel and Statut

2.7.3 Promissory Estoppel vis-à-vis Legitimate expectation

2.7.4 Acquisition and Requisition

2.7.5 Administrative proceedings

2.7.6 Criminal matters

2.7.7 Education and Universities

2.7.8 Election matters

2.7.9 Environmental matters

2.7.10 Government contracts

2.7.11 Government grants, allotment, largesse, public property and premises

2.7.12 Infrastructural/Electricity/Telecom matters

2.7.13 Service matters

2.7.14 Taxation matters