...Courts shall act according to justice, equity and good conscience.”10. In the present case, both the parties have failed to prove any law of inheritance or custom...inheritance the Courts are required to decide the rights according to justice, equity and good conscience in term of Section 6 of the Act. Plaintiffs Sawango and Jaituni...to decide the question of inheritance according to justice, equity and good conscience.13. On the basis of finding on substantial question of law, the appeal dese...

...Adalats, for which no specific directions are hereby given the respective judges thereof do act according to justice, equity and good conscience", and section XCIII provided "tha...which no specific directions are hereby given, the Judge of the Sadar Diwani Adalat do act according to justice, equity and good conscience". 8. This rule of decision in...justice, equity and good conscience in the absence of specific directions meant" according to Mr. Setalvad in his Hamlyn Lectures, the Common Law in India, "in substance and in t...

...of interference in favour of the appellant further interference with the decree of the lower court is rendered necessary in order to adjust the rights of the parties according to justice, equity ...the Collector and remanded the case to him for disposal according to law.3. It may be pointed out that the appellant had challenged the order of the Collector on various....2. The appellant in this appeal is a landholder in terms of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as ‘the Act...

...being in force, the Courts shall act according to justice, equity and good conscience." 10. In the present case, both the parties have failed to prove any law of inheritance or c...inheritance the Courts are required to decide the rights according to justice, equity and good conscience in term of Section 6 of the Act. Plaintiffs Sawango and Jaituni...question of inheritance according to justice, equity and good conscience. 13. On the basis of finding on substantial question of law, the appeal deserves to be allowed ...

...her Zoroastrian husband. The English law only deals and can only deal with Christian marriages and with grounds for dissolving a Christian marriage. Therefore we must decide according to justice ...Muslims” and, therefore, the rule of decision in such a case was or is not required to be the “Muslim Personal Law”. In such cases the court shall act and the Judge shall decide according to ...a party to whom it is entirely alien and who does not want it? In the name of justice, equity and good conscience, or, in more simple language, of common sense, why should this be possibl...

..., the Courts shall act according to justice, equity and good conscience.”18. Their Lordships of the Supreme Court have also in the matter of M.V Elisabeth ...held that where statute is silent and judicial intervention is required, Courts strive to redress grievances according to what is perceived to be principles of justice, equity ...right vested in every citizen implies the existence of the power of the Court to render justice according to law. Where statute is silent and judicial intervention is required, Courts strive to re...

...governed by the North-West Frontier Province Law and Justice Regulations. S. 27, Reg. 7 provides in effect that decisions in certain matters, which do not include mortgages, shall be according to the law of the par...), at p. 96, (of 14 IA), Lord Hobhouse pointed out that a direction to decide by equity and good conscience was generally interpreted to mean the rules of English Law if found applicable ..., constituted a clog on the equity of redemption, and that the plaintiff was entitled to redeem without regard to these provisions. The Judicial Commissioner agreed with the lower Courts in thinking that the...

...was applicable to the North-West Frontier Province, had expressly provided that in cases not otherwise specially provided for, the Judges shall decide according to justice, equity and ...directing the Judges to give effect to the principles of justice, equity and good conscience, it is their duty to enforce that principle where they are dealing with stipulations .... The old Bengal Regulation 3 of 1793 by Section 21 directed the Judges of the District and City Courts in cases where no specific rule existed to act according to justice, equity and ...

...probably become waste or jungle and greatly deteriorated in value. In Bengal the Courts of Justice, in cases where no specific rule exists are to act according to justice, equity ...not give possession amicably and according to the plaint they are in sole possession even now. Defendants attempted to take possession. There were proceedings under Chapter XII of the Criminal...family properties for 6 years from July 1904, and directs that at the end of that; period the defendants shall be entitled to recover their half share either amicably or through Court. Plaintiffs did...

...Section 115, C.P.C and in such circumstances the Court has to pass the order according to justice, equity and good conscience, specially in In...circumstances should not fail to exercise its power to restore such case to their original position and then dispose the same according to merits upon hearing both sides.12. It is ...filed on 10-6-1994 which was dismissed on 16-8-1994 on technical ground that the affidavit was sworn by tadbirkar. Liberty was, however, given for filing fresh affidavit according to law. In terms of...

...common law was adopted by the Regulations constituting tribunals for administration of justice enjoining them to decide disputes according to justice, equity and good ...Courts were to act according to "justice, equity and good conscience" which expression was interpreted to mean the rules of English common law in so far as they were app...Civil Courts Act, 1887 s. 37; the Punjab Laws Act, 1872, s. 5; the Central Provinces Laws Act, 1875, ss. 5, 6; the Oudh Laws Act, 1876, S. 3. require the Courts to decide cases according to justice, equity...

...circumstances of this case. Section 151 merely saves by expressly preserving to the Court (which is both a Court of equity and law) inherent power to act according to justice, ...Shri S. Mahotra and according to him, even though his application does not purport to be under this provision of law, the prayer in the application is clear and this Court should, despite different...decree-holder respectfully prays as under:1. That in the aforesaid R.F.A No. 21 of 1967 this Hon'ble Court consisting of Hon'ble Mr. Justice S.N Shankar and Hon'ble Mr. Justice Jagjit Singh...

...any other law for the time being in force, the Court shall act according to justice, equity and good conscience.”A court of Small Causes therefore, is also required ...power of a Court to do justice in fact, flows from the well recognised principle of equity, justice and good conscience which applies to courts deciding a suit under the Small ...justice, equity and good conscience while deciding a suit. The inherent power which has been preserved by Section 151 is only one of the many aspects of the aforesaid principle of justice, ...

..., the Courts shall act according to justice, equity and good conscience.”18. Their Lordships of the Supreme Court have also in the matter of M.V Elisabeth ...held that where statute is silent and judicial intervention is required, Courts strive to redress grievances according to what is perceived to be principles of justice, equity ...right vested in every citizen implies the existence of the power of the Court to render justice according to law. Where statute is silent and judicial intervention is required, Courts strive to re...

...Regulation IV of 1827 and by the diverse Civil Courts Act were enjoined in cases where no specific rule existed to act according to “law or equity” in the case of chartered High Courts and elsewhe...same does not reach the proposer and the proposer does not ask the acceptor to repeat his message. According to Lord Denning the proposer is bound because of his default. As there is no reception at...Act such communication is good because the acceptor intends to communicate his acceptance and follows a usual and reasonable manner and puts his acceptance in the course of transmission to the...

...-section (1) or by any other law for the time being in force, the Court shall act according to justice, equity and good conscience.”8. A Court of Small Causes, therefore, i...conferred. The inherent power of a Court to do justice, in fact, flows from the well recognised principle of equity, justice and good conscience which applies to courts deciding ...required to keep in view Justice, equity and good conscience while deciding a suit. The inherent power, which has been preserved by S. 151, is only one of the many aspects of the aforesaid princip...

...interference with the decree of the lower court is rendered necessary in order to adjust the rights of the parties according to justice, equity and good conscience. While exercis...in respect of the motor accident, which took place on 3.9.1982 and which resulted in the death of one Prithivirajan, whose legal representatives are the claimants-respondents 1 to 8.2...and that this aspect has not been considered at all by the Tribunal below. In fact this very appeal is only with reference to the quantum of Award granted in excess of the abovesaid Rs. 50,000...

...to the form of relief.” “When there is no statute applicable here the Letters Patent require me to decide according to “justice equity and good conscience” which has lon...the Jewish Synagogue, Byculla, Bombay, according to Jewish Rites and Ceremonies. The plaintiff has produced the certificate of marriage issued by the Synagogue, which has been tendered and marked...himself. In his evidence he has deposed that he and the defendant both practiced Jewish Religion and that he was domiciled in India. He has stated that he was married to the defendant on 24th May, 1972 at...

....8. The question will remain as to now to resolve the dispute between the two rival pre-emptors. Where there is no law governing the case, the Courts in India have acted according to justice...India as a matter of justice, equity and good conscience (except in the Madras Presidency). In the circumstances, I am of the view that the rule laid down by Mahomedan Law should be applied to dec...express language. Foreign decisions have been applied in appropriate cases in this country as supplying rules of justice, equity and good conscience provided of course the circumstances relevant in...

...specific statutory directions are given. Judges are bound to act according to justice, equity and good conscience and that there is a large preponderance of judicial opi...principles of justice, equity and good conscience applicable in such circumstances should be identical with the corresponding relevant rules of the Common Law of England. Mr. Baikuntha Nath Mitter who...plaintiff in the estimation of the public”.These are the allegations of the plaintiff and we have to determine whether on these allegations the plaintiff is entitled to claim any damages...