Maxims of Equity 1. EQUITY WILL NOT SUFFER A WRONG TO BE WITHOUT A REMEDY Meaning Where there is a right there is a remedy. This idea is expressed in the Latin Maxim ubi jus ibi remedium . It means that no wrong should go unredressed if it is capable of being remedied by courts. This maxim indicates the width of the scope and the basis of on which the structure of equity rests. This maxim imports that where the common law confers a right, it gives also a remedy or right of action for interference with or infringement of that right. Application and cases In Ashby v. White , wherein a qualified voter was not allowed to vote and who therefore sued the returning officer, it was held that if the law gives a man a right, he must have a means to maintain it, and a remedy, if he is injured in the enjoyment of it. In cases where some document was with the defendant and it was necessary for the plaintiff to obtain its discovery or production, a recourse to the Chancery Courts
Application of Hindu Law Persons subject to Hindu Law- Shastri Yagna Purushdasji v. Muldas Bhundardas Vaishya- It is extremely difficult, though not impossible, to define the Hindu religion in the way the other religions are defined. It embraces numerous views and ways of life. The term ‘Hindu’ is not to be found anywhere in the Dharmashastras. It is a foreign word. It is derived from the word ‘Sindhu’. Sindhu is the name of a river in Indian sub-continent. The word ‘Sindhu’ was mis-spelled as ‘Hindu’ by the Persians. The sub-continent came to be known as Hindustan and its people as Hindus. Thus etymologically, the word ‘Hindu’ does not signify a religion; it refers to a territory or nation. Hindu law is a personal law. So, Hindu law should define ‘who is a Hindu’, and upon whom the Hindu law applies. A portion of Hindu law has been codified by Parliament in four Acts- i) The Hindu Marriage Act, 1955 ii) The Hindu Minority and Guardianship Act, 1955 iii) The Hindu
Constitutional Law of Bangladesh 1. What is constitution? Constitution is a set of rules that discusses with the relationship of a state with another state, state with its citizens and also determines the relationship of the various organs of the govt. with each other. A constitution may be rigid may be flexible; it may be written may be unwritten. 2. What is the difference between constitution and constitutional law? Constitution is the whole set of rules which is known as constitution. But the part which can be implemented by law is the constitutional law. 3. What do you mean by ‘Fundamental Principles of State Policy’? · Absolute trust and faith in the Almighty Allah, nationalism, democracy and socialism meaning economic and social justice · Promotion of local Government institutions · Participation of women in national life · Democracy and human rights · Principles of ownership · Emanci
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