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Law of equity
Law (University of the Punjab)
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The Innovative Law Academy
The Academy in which we are not only teaching subjects of LLB and law, Even providing Lectures of Communication
Skills as well.
LLB Notes Part 2
According to HEC Law Syllabus
Best For Punjab Uni exam, BZU Uni, ISUB Uni, Quaid e azam Uni, CSS Exam, PMS, Judicial Services
Exam & Other all universities exams,
LAW OF EQUITY/ SPECIFIC RELIEF ACT/ TRUST ACT/ WAQF ACT
Lecturer: Mobushar Iqbal Chohan
Advocate High Court
LL.B, LL.M, MSC, DIPL Communication Skill.
Office: Fatima & Iqbal Law Chamber Lahore
YouTube/Law and Communication skills
Facebook/Innovative law academy
Mobile: 0300-0096491
Subscribe My YouTube Channel to gain more knowledge about Law, (LL.B) ( judiciary) and
other informative lectures.
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“I am very thankful to my almighty ALLAH for giving me such a courage, success and honor. I am also
very thankful to all the students who appreciated my work and received them warmly. In these
notes the law has been elaborated with the help of landmark judgments which is delivered by the
Hon’ble Courts and has been written for the examination point of view and i hope that these notes
will also be received warmly by the students and may led to the success in the examination as well
as in their profession.
The below-given notes prepared for the students of the LLB. The subject is very technical, and i have
taken every step to ensure that these notes may fulfill the need of the students, but there may be
some shortcomings or flaws in it, so every suggestion for the improvement of these notes will be
warmly welcome.”
I Am Very Thankful To You All
Your Well Wisher
Lecturer: Mobushar Iqbal
ADVOCATE HIGH COURT
LLB. LLM. Msc. Dipl communication skills
CELL NO: 0300-0096491
OFFICE: F ATIMA & IQBAL LAW CHAMBER LAHORE
INNOVATIVE LAW ACADEMY LAHORE
Address: Lower mall around Chauburji Oppo: Butt sweet Hajvari Tower Basement 10-B Lahore
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Q. 1. Delay defeats equity
1. Preface
Equity always assists those who are active in respect of their rights. It does not assist
those who are careless in respect of their rights. Once the party knows they have
been wronged, they must act relatively swiftly to preserve their rights because delay
defeats equity. The maxim means that a party who delays in enforcing rights will not
be able to seek equitable relief.
2. Lexical Meaning
It means that if a person is lazy to claim a remedy for the wrong committed against
him then court will refuse to grant him any relief.
Case law
Where an injured party has been slow to demand a remedy for the wrong for a long
time with apparent indifference, in this case the court will refuse to provide the
remedy to him on the ground of public policy.
3. Basis of the maxim
It is based on Latin maxim “Vigilantibus non deriemtibus jura subverient” it means
equity aids the vigilant not those who sleep on violation of their rights.
4. Doctrine of Laches (Ghaflat)
Delay which is sufficient to prevent a party from obtaining an equitable relief is
called laches. A plaintiff who is guilty of laches or unreasonable delay is not entitled
to equitable relief.
1. Acquiescence (consent)
Acquiescence means awareness of the plaintiff on the violation of
his right. And is not ready to take legal action in this regard or he
has waived his right it also can become cause of laches.
2. Position of defendant
A court of equity will not allow a latent claim to be set up because
by the laps of time the defendant has may lost the necessary
evidence for resisting the claim in this case equity will not set up the
case
5. When delay is fatal
Following are the cases where delay is fatal for a party who is desirous of enforcing his
rights.
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Law of equity
Law (University of the Punjab)
Scan to open on Studocu
Studocu is not sponsored or endorsed by any college or university
Downloaded by Izzat Yaar ()
, lOMoARcPSD|48886576
The Innovative Law Academy
The Academy in which we are not only teaching subjects of LLB and law, Even providing Lectures of Communication
Skills as well.
LLB Notes Part 2
According to HEC Law Syllabus
Best For Punjab Uni exam, BZU Uni, ISUB Uni, Quaid e azam Uni, CSS Exam, PMS, Judicial Services
Exam & Other all universities exams,
LAW OF EQUITY/ SPECIFIC RELIEF ACT/ TRUST ACT/ WAQF ACT
Lecturer: Mobushar Iqbal Chohan
Advocate High Court
LL.B, LL.M, MSC, DIPL Communication Skill.
Office: Fatima & Iqbal Law Chamber Lahore
YouTube/Law and Communication skills
Facebook/Innovative law academy
Mobile: 0300-0096491
Subscribe My YouTube Channel to gain more knowledge about Law, (LL.B) ( judiciary) and
other informative lectures.
Downloaded by Izzat Yaar ()
, lOMoARcPSD|48886576
“I am very thankful to my almighty ALLAH for giving me such a courage, success and honor. I am also
very thankful to all the students who appreciated my work and received them warmly. In these
notes the law has been elaborated with the help of landmark judgments which is delivered by the
Hon’ble Courts and has been written for the examination point of view and i hope that these notes
will also be received warmly by the students and may led to the success in the examination as well
as in their profession.
The below-given notes prepared for the students of the LLB. The subject is very technical, and i have
taken every step to ensure that these notes may fulfill the need of the students, but there may be
some shortcomings or flaws in it, so every suggestion for the improvement of these notes will be
warmly welcome.”
I Am Very Thankful To You All
Your Well Wisher
Lecturer: Mobushar Iqbal
ADVOCATE HIGH COURT
LLB. LLM. Msc. Dipl communication skills
CELL NO: 0300-0096491
OFFICE: F ATIMA & IQBAL LAW CHAMBER LAHORE
INNOVATIVE LAW ACADEMY LAHORE
Address: Lower mall around Chauburji Oppo: Butt sweet Hajvari Tower Basement 10-B Lahore
Downloaded by Izzat Yaar ()
, lOMoARcPSD|48886576
Q. 1. Delay defeats equity
1. Preface
Equity always assists those who are active in respect of their rights. It does not assist
those who are careless in respect of their rights. Once the party knows they have
been wronged, they must act relatively swiftly to preserve their rights because delay
defeats equity. The maxim means that a party who delays in enforcing rights will not
be able to seek equitable relief.
2. Lexical Meaning
It means that if a person is lazy to claim a remedy for the wrong committed against
him then court will refuse to grant him any relief.
Case law
Where an injured party has been slow to demand a remedy for the wrong for a long
time with apparent indifference, in this case the court will refuse to provide the
remedy to him on the ground of public policy.
3. Basis of the maxim
It is based on Latin maxim “Vigilantibus non deriemtibus jura subverient” it means
equity aids the vigilant not those who sleep on violation of their rights.
4. Doctrine of Laches (Ghaflat)
Delay which is sufficient to prevent a party from obtaining an equitable relief is
called laches. A plaintiff who is guilty of laches or unreasonable delay is not entitled
to equitable relief.
1. Acquiescence (consent)
Acquiescence means awareness of the plaintiff on the violation of
his right. And is not ready to take legal action in this regard or he
has waived his right it also can become cause of laches.
2. Position of defendant
A court of equity will not allow a latent claim to be set up because
by the laps of time the defendant has may lost the necessary
evidence for resisting the claim in this case equity will not set up the
case
5. When delay is fatal
Following are the cases where delay is fatal for a party who is desirous of enforcing his
rights.
Downloaded by Izzat Yaar ()
