Equity follows the law. Equity does not override the law. Where a law prevails, equity has no role to play.
Equity follows the law. Equity does not override the law. Where a law prevails, equity has no role to play.
# Case Laws on Equity
# 1. Raghunath Rai Bareja v. Punjab National Bank, (2007) 2 SCC 230
When there is a conflict between law and equity, it is the law which has to prevail, in accordance with the Latin maxim ‘dura lex sed lex‘, which means ‘the law is hard, but it is the law’. Equity can only supplement the law, but it cannot supplant or override it.
# 2. Madamanchi Ramappa v. Muthaluru Bojjappa, AIR 1963 SC 1633
What is administered in Courts is justice according to law, and considerations of fair play and equity however important they may be, must yield to clear and express provisions of the law.
# 3. Council for Indian School Certificate Examination v. Isha Mittal, (2000) 7 SCC 521
Considerations of equity cannot prevail and do not permit a High Court to pass an order contrary to the law.
# 4. P.M. Latha v. State of Kerala, (2003) 3 SCC 541
Equity and law are twin brothers and law should be applied and interpreted equitably, but equity cannot override written or settled law.
# 5. Laxminarayan R. Bhattad v. State of Maharashtra, (2003) 5 SCC 413
It is now well settled that when there is a conflict between law and equity the former shall prevail.
# 6. Nasiruddin v. Sita Ram Agarwal, (2003) 2 SCC 577
In a case where the statutory provision is plain and unambiguous, the court shall not interpret the same in a different manner, only because of harsh consequences arising therefrom.
# 7. E. Palanisamy v. Palanisamy (Dead) by Lrs., (2003) 1 SCC 123
Equitable considerations have no place where the statute contained express provisions.
# Case Laws on Equity
# 1. Raghunath Rai Bareja v. Punjab National Bank, (2007) 2 SCC 230
When there is a conflict between law and equity, it is the law which has to prevail, in accordance with the Latin maxim ‘dura lex sed lex‘, which means ‘the law is hard, but it is the law’. Equity can only supplement the law, but it cannot supplant or override it.
# 2. Madamanchi Ramappa v. Muthaluru Bojjappa, AIR 1963 SC 1633
What is administered in Courts is justice according to law, and considerations of fair play and equity however important they may be, must yield to clear and express provisions of the law.
# 3. Council for Indian School Certificate Examination v. Isha Mittal, (2000) 7 SCC 521
Considerations of equity cannot prevail and do not permit a High Court to pass an order contrary to the law.
# 4. P.M. Latha v. State of Kerala, (2003) 3 SCC 541
Equity and law are twin brothers and law should be applied and interpreted equitably, but equity cannot override written or settled law.
# 5. Laxminarayan R. Bhattad v. State of Maharashtra, (2003) 5 SCC 413
It is now well settled that when there is a conflict between law and equity the former shall prevail.
# 6. Nasiruddin v. Sita Ram Agarwal, (2003) 2 SCC 577
In a case where the statutory provision is plain and unambiguous, the court shall not interpret the same in a different manner, only because of harsh consequences arising therefrom.
# 7. E. Palanisamy v. Palanisamy (Dead) by Lrs., (2003) 1 SCC 123
Equitable considerations have no place where the statute contained express provisions.
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