History Sem 4

DOCTRINE OF JUSTICE,EQUITY AND GOOD
CONSCIENCE
BA.LLB. Hons.
SEM- 4th
INTRODUCTION
 In India the doctrine of justice, equity and good conscience

was introduced for the first time ,in the presidency of
Bengal in the year 1780.
 It was later transplanted in the mofussil of Bombay and
Madras Presidencies. The doctrine was later on introduced
in other territories of India also.
 The general idea behind this doctrine was that if on a
particular point of dispute before the court there was no
express /parliamentary law ,no regulation and if it fell
outside the heads for which Hindu and Mohammedan law
were prescribed ,then the court was to decide the matter on
the basis of ‘Justice, Equity and good conscience’.
 It was applied by the courts only for few topics viz.
inheritance,marriage,caste,and other religious usages and
institutions. It was introduced to cover gaps left in the law.
ESTABLISHMENT
 The principle "justice, equity and good conscience" was

introduced in this country, when the Company had possession
of the Diwani. There was no regular process.
 The Collector was entrusted the duties of the collection of
revenue and also judicial work, who did not know the Indian
law and custom. Lord Warren Hastings, Lord Cornwallis did
not like the Muslim law. They opined that the Muslim Saw
was rigid. Hence they wanted to implement English rules of
law and justice.
 English law is based on the famous maxim of "justice, equity
and good conscience". Lord Bentinck did not like the orthodox
view of Hinduism. He too reformed the Hindu Laws, and
abolished several inhuman practices such as Sati, and
introduced widow remarriages etc.
 The decisions by the Collectors occasioned many origin of the
doctrine of equity, justice and good conscience. Here we
realize the ideas of the
CONT’D
 English Collectors in the Mofussil based on the rules of

English law and sentiments and silently affecting the
laws of this country.
 Under Charter of 1774, the Supreme Court was
established at Calcutta. This court was made a Court of
Equity and it was provided to have full power and
authority to administer justice, in a summary manner as
nearly as may be according to the rules and proceedings
of High Court of Chancery, in Great Britain.
 The judges of the Supreme court were given the power to
administer justice and equity. The High Courts inherited
this right from Supreme Court.
ADVANTAGES
 It helped in the development of various branches of

law not covered by either Hindu or Muslim law.
 In the absence of sound provisions of the personal
laws it served as a valuable source of sound law.
 It removed uncertainty in law.
 Distinction between mofussil law and presidency
town law was removed.
DISADVANTAGES
 At time the rules applied by the English judges were

not consistent with customs, habits and
circumstances and were technical in nature which
generated injustice.
 This resulted in judicial legislation by imposing rules
foreign to this country.
APPLICATION OF THE DOCTRINE
 Varden Seth Sam v. Luckpathy Royjee Lallah (Madras) 19th

Juy,1862.
Privy Council pointed out that Company’s court did not have
any properly ‘prescribed general law to which their decisions
must confirm’ ; that they were directed to proceed generally
according to ‘justice, equity and good conscience.’
 Dada Honaji v. Babaji Jagushet 2 B.H.C.R. 36

The decision in this case the authorities are for the view that it
is to the English Law in general that we must look for guidance
as to what is a principle of justice, equity and good
conscience. The decision of a case according to the principles of
justice, equity and good conscience has generally meant
decision according to the principles of English Law applicable to
a similar state of circumstances.
CONT’D
 Waghela Rajsanji v. Shekh Masludin (1887) L.R. 14 I. A. 89

The Privy Council in expressed the opinion that if there was no
rule of 'Indian law which could be applied to a particular case,
then it should be decided by equity and good conscience, and
they interpreted equity and good conscience to mean the rules
of English law if found applicable to Indian society and
circumstances. And the same view was confirmed by their
Lordships of the Privy Council in Muhammad Baza v. Abbas
Bandi Bibi 34 Bom. L.R. 1048.
THANK YOU

History Sem 4

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DOCTRINE OF JUSTICE,EQUITY AND GOOD

 In India the doctrine of justice, equity and good conscience

 The principle "justice, equity and good conscience" was

 English Collectors in the Mofussil based on the rules of

 It helped in the development of various branches of

 At time the rules applied by the English judges were

 Varden Seth Sam v. Luckpathy Royjee Lallah (Madras) 19th

 Dada Honaji v. Babaji Jagushet 2 B.H.C.R. 36

 Waghela Rajsanji v. Shekh Masludin (1887) L.R. 14 I. A. 89

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