Application of Equity law in Indian and Bangladeshi

In Indian subcontinent there were never any specific court of equity for administration of the justice . The greater part of the law to be applied by the court has been codified ,but in the absence of any specific provisions the court has t to act according to the justice, equity and good conscience. The Indian court applied those rules of English equity which are applicable to Indian and Bangladeshi societies and circumstances. In this subcontinent the origin of equity can be traced back to the Hindu period when jurist explained the old laws and gave new rules interpretationsand equitable solutions incase of conflict between the rules of various laws. In Mohammadan law, also the principle of equity are clearly noticeable. Abu Hanifa expound the principles that the rule of law based on analogy could set aside at the option of the judge on a liberal construction or judicial preference to meet the needs of a particular case. The rules of equity and equitable considerations commonly recognized in the court of chancery in England are not foreign to the Muslim system ,but are often applied by the courts in administering justice . Under the British rule, the supreme court had both common law and equity jurisdictions .In England the judicature act-1873 and 1875 did not fuse the two system of rules. But in India, law and equity were treated as a part of the same system .By the enactment of the Charter of 1833 the principle of English law come to be administered , particularly in the mufassils as justice, equity and good conscience. “Thus every court in india was a court of equity as well as law” The courts in India, are vested with the equitable jurisdiction also and would decide those cases for which there is a provision under the existing body of rules by applying justice equity and good conscience in addition to the common law. In the case of OFFICIAL TRUSTEE W.B V. SACHINDRA the Supreme court observed ‘we have codified the very principles that mere exercised by the Chancery court in England under their equitable jurisdiction statutory recognition of the principle of equity is found in ,THE SPECIFIC RELIEF ACT 1877. THE CONTRACT ACT 1872. THE SUCCESSION ACT 1925. THE GUARDIAN AND WARDS ACT 1890. THE TRUST ACT 1882.THE TRANSFER OF PROPERTY ACT 1882.ETC. So we can say that in enacting many status the legislature has substantially adopted the rules of English , but all the rules are not applicable in our legal system. There are many rules in English Equity which have been followed only in a modified form there by advancing administration of justice.