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Supreme Court on Equity Estoppel, Acquiescence and Waiver

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Supreme Court on EQUITY Estoppel Acquiescence and Waiver By Surendra Malik, Sudeep Malik 

Author Surendra Malik And Sudeep Malik
Publication Date 2019
ISBN 9789351452669
Format Hardcover
Publisher EBC Publishing Pvt. Ltd.

 

The study of Equity is interesting yet complicated in India because much has been codified in statutes such as the Trusts Act, 1882, Transfer of Property Act, 1882 and Specific Relief Act, 1887/1963, while there is also a lot of Judge-made law. 

The present compendium contains selective case law of the Supreme Court on the general principles of Equity from 1950 till the present. The SCC Editors have painstakingly extracted rulings of the subject by the Supreme Court since 1950 from myriads of different fact situations. The digest covers the complete case law up to (2015) 1 SCC. Some of the principles have been covered under headings like: Equitable Interests, Estates and Trusts, Injunction, Specific performance and other forms of Equitable Relief, Contractual matters, Property matters.

The law relating to Estoppel, Waiver and Acquiescence has its foundation in Equity. Hence, these subjects have also been included in the same Digest.

Detailed cross-references have been given at appropriate places so that the reader is guided to the subject-area where the principles are covered in greater detail. Topic headings and synopses have been added to enable quick reference. Table of Cases Digested, Date of decision, Coram details, etc. are other useful and unique features. 

This analytical, systematic and comprehensive work is an authoritative source of law on the subject by the highest court of the land. A valuable companion work is Supreme Court on Specific Relief Act.

TABLE OF CONTENTS

1. EQUITY

1.1 Principles/Doctrines/Maxims relating to Equity
1.2 Equity vis-à-vis law
1.3 Equitable Interests, Estates and Trusts
1.4 Restitution
1.5 Equitable set-off
1.6 Equity and Criminal Law
1.7 Equity and Taxation
1.8 Injunction, Specific performance and other forms of Equitable Relief
1.9 Equity and Election Law

2. ESTOPPEL, ACQUIESCENCE AND WAIVER

2.1 Meaning, Ingredients & Relative Scope of Estoppel, Acquiescence & Waiver
2.2 Estoppel against Statute/Statutory rules
2.3 Estoppel against/Waiver of Fundamental rights/Constitutional rights/Statutory rights
2.4 Estoppel against Legal Remedies
2.5 Principles re Judicial Proceedings
2.6 Estoppel/Acquiescence/Waiver in Private law matters
2.7 Estoppel/Acquiescence/Waiver in Public Law matters: Estoppel involving Government and Promissory Estoppel

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