Relief from Equity Court could be obtained
A. After adjudication by the Court of law
B. Before decision by the Court of law
C. Both (A) and (B)
D. Neither (A) nor (B)
Select an option to see the answer and solution.
Essentials of Doctrine of Election include
A. The intention of the grantor or testator to dispose of the property which is not his won should be clear
B. The grantor or testators must give his own property to the person whose property he has attempted to dispose of by his Will or deed
C. Both (A) and (B)
D. Either (A) or (B)
Select an option to see the answer and solution.
Doctrine of Election is considered to be based on the principles of compensation by
A. Salmond
B. Maitland
C. Winfield
D. Snell
Select an option to see the answer and solution.
Choose the correct answer
(1) In case of conflict, the rule of Chancery did not prevail over common law
(2) The defendant could apply to the Court of Chancery for an order called a common injunction
A. Both (1) and (2) are true and (2) is the correct explanation of (1)
B. Both (1) and (2) are true but (2) is not the correct explanation of (1)
C. (1) is true but (2) is untrue
D. (1) is untrue but (2) is true
Select an option to see the answer and solution.
The English Court of Chancery, incorporated into the Equity Jurisprudence of English law, the concept of acquitas as conceived by
A. The French jurists
B. The Roman jurists
C. The Spanish jurists
D. The German jurists
Select an option to see the answer and solution.
Match the following
List I (Decided Cases)
List II (Principle Stated)
a. Aequitaes est corectio legis generalities latae, qua parte deficit
1. Equity never counteracts law
b. Aequitaes sequitur legem
2. Equity is a correction of the general law in the part where it is defective
c. Aequitaes nunqua contravenit leges
3. The law helps the vigilant and not he dormant
d. Vigilantibus, non dormientibus jura subvenient
4. Equity follows the law
A. a-2, b-1, c-4, d-3
B. a-3, b-1, c-4, d-2
C. a-3, b-2, c-1, d-4
D. a-2, b-4, c-1, d-3
Select an option to see the answer and solution.
Legal estate prevails over the equitable estate applies to all, but one of the following
A. Doctrine of election
B. Marshalling
C. Counter claim
D. Set off
Select an option to see the answer and solution.
When one can approach an Equity Court as a
A. Matter of grace
B. Matter of right
C. Only (B) and not (A)
D. Only (A) and not (B)
Select an option to see the answer and solution.
In which of the following cases the Supreme Court held that "Breach of Fiduciary Duty of Trust is to be judged in the line of Equity"
A. Surva U. P. Gramin Bank v. Manoj Kumar Sinha, (2010) 3 SCC 556
B. State of West Bengal v. C.P.D.R., (2010) 3 SCC 571
C. Syed Bashir-ud-Din v. Nazir, (2010) 3 SCC 603
D. Boddela Bulla Reddy v. Public Prosecutor, (2010) 3 SCC 648
Select an option to see the answer and solution.
Choose the correct answer
Till the year 1875
A. Common law was administered by the Court of Chancery
B. Law of Equity was administered by the King's Benches
C. Both (A) and (B)
D. Neither (A) nor (B)
Select an option to see the answer and solution.
An election made is binding on
A. The legal representatives of the donee
B. The assigns of the donee
C. The executors of the donee
D. Heirs of the donee
Select an option to see the answer and solution.
Where equities are equal, the first in time shall prevail, shall apply to all, but one of the following
A. Section 48 of Transfer of Property Act
B. Section 49 of Transfer of Property Act
C. Section 78 of Transfer of Property Act
D. Section 79 of Transfer of Property Act
Select an option to see the answer and solution.
The equitable doctrines featuring in the Indian Contract Act are mainly all, but one of the following
A. The doctrines of penalties and forfeiture
B. Stipulations as to time in a contract
C. Equitable relief on ground of misrepresentation
D. Equitable relief on ground of coercion
Select an option to see the answer and solution.
Aequitaes est corectio legis generalities latae, qua parte deficit i.e, equity is a correction of the general law in the part where it is defective, is particularly embodied in
A. Section 9 of Code of Civil Procedure
B. Section 10 of Code of Civil Procedure
C. Section 11 of Code of Civil Procedure
D. Section 12 of Code of Civil Procedure
Select an option to see the answer and solution.
In the conflict between equity on one hand and the text of law on the other, the Court shall
A. Choose equity
B. Choose law
C. Have the discretion to choose between equity and law
D. Be bound by precedents
Select an option to see the answer and solution.
"Equity now is that body of rules administered by English Courts of Justice which were if not for the operation of the judicature Acts, would be administered only by those courts which would be known as Courts of Equity" has been defined by
A. Henry Levey Ulman
B. Snell
C. Maitland
D. Salmond
Select an option to see the answer and solution.
He who seeks equity must do equity does not apply in
A. The power to set aside contract induced by undue influence
B. Consequences of rescission of a voidable contract
C. Obligation of a person who has received advantage under void agreement, or contract that becomes void
D. The enforcement of purely legal rights
Select an option to see the answer and solution.
An equitable interest recognised by the
A. Court of Chancery
B. Common Law Courts
C. Both (A) and (B)
D. None of the above
Select an option to see the answer and solution.
Choose the correct answer
A. Doctrine of Election under the English law aims at compensation
B. Doctrine of Election under the Indian law aims at forfeiture or confiscation
C. Both (A) and (B)
D. Neither (A) nor (B)
Select an option to see the answer and solution.
Choose the incorrect statement
A. Legal claim is not barred by lapse of time less than the prescribed statutory period of limitation
B. Equitable claim may be barred by delay on the part of the plaintiff seeking relief
C. Legal or equitable claims to which the statutes of limitation apply, the maxim 'delay defeats equity' applies
D. Unreasonable delay defeats equity
Select an option to see the answer and solution.