Law of Equity

INTRODUCTION Recovery of Possession is a universal right of every man. No person can dispossess him without his consent and without adopting the proper procedure provided by the law of the land. The law discourages the people from taking the law into their hands. Sections 8 and 9 provide a speedy and summary remedy through … Read more

INTRODUCTION Rectification of an instrument refers to correcting or modifying an error, ambiguity, or mistake in a legal document or contract. It aims to ensure that the instrument accurately reflects the original intention of the parties or not. It also eliminates any inconsistencies or discrepancies that could lead to misunderstandings or disputes.   RELEVANT PROVISIONS … Read more

INTRODUCTION Rescission means cancellation of the contract by mutual consent. The basic purpose and intent of the Equity Court is to grant maximum relief to the sufferer. When any contract is made through fraud, undue influence, coercion, mistake, or misrepresentation, it is voidable. All these contracts are rescindable. The Court may grant the relief of … Read more

INTRODUCTION Cancellation means to cancel any instrument. The relief granted by the Court is discretionary and just in nature in the cases of cancellation of the instrument. The documents create the right upon certain movable and immovable property. The instruments and deeds which are void or voidable may be cancelled by the Court upon filling … Read more

INTRODUCTION Equitable remedies are specific types of solutions that are ordered by the court. The main purpose is to provide fairness and justice in legal disputes. Unlike monetary compensation (legal remedies), equitable remedies seek to address unique circumstances by ordering specific actions or restraining behaviors. Common equitable remedies include injunctions, specific performance, and rescission. These … Read more

INTRODUCTION Injunctions are orders of the Court to a party to the proceedings to do or to refrain from doing a specified act. By way of injunction, a person can obtain an order from the Court to restrain the defendant which creates a reasonable apprehension of the property of the plaintiff. But the suit of … Read more

INTRODUCTION On 1 day of March 1882, the Trust Act came into force. This Act extends to the whole of Pakistan. This act does not affect the Islamic law as to waqf, or the mutual relation of the members of an undivided family as determined by any customary or personal law or applies to public … Read more

INTRODUCTION The role of a trustee regarding the trust is of a custodian. A trustee is regarded as the servant of the trust and he follows the trust deed (instrument of trust) in carrying out his duties. There are certain rights given by the Trust Act 1882 to the beneficiary. The trustee must keep in … Read more

INTRODUCTION The role of a trustee regarding the trust is of a custodian A trustee is regarded as the servant of the trust and he follows the trust deed (instrument of trust) in carrying out his duties. There are certain rights given by the Trust Act. 1882 to the beneficiary. The trustee must keep in … Read more

INTRODUCTION The Trust Act does not affect the Islamic law as to “Waqf”, or the mutual relation of the members of an undivided family as determined by any customary or personal law or applies to public or private religious or charitable endowments or to trust to distribute prizes taken in war among the captors and … Read more