equity jurisdictions

LET 252: The Law of Equity and Trust (Application of Equity Jurisdiction in Bangladesh | Powers and Functions of Equity Courts) CT: Jalal Uddin M. Akbar; SID: ARNAB/PCIU/LLB00305037 Equity Courts could be classified as follows: 1. Exclusive Jurisdiction (New Rights) 2. Concurrent Jurisdiction (New Remedies) 3. Auxiliary Jurisdiction (New Procedure) Exclusive Jurisdiction (New Rights) The Equity Courts enforced the rights which the Common Law Courts failed to exercise. For example: the equitable rights of the beneficiary or the equity of redemption of a mortgage could not enforced in Common Law Courts. The Courts of Equity enforced such rights. The jurisdiction of Equity was known as the Exclusive Jurisdiction, i.e. jurisdiction exercised by the Equity Courts to the total exclusion of the Common Law Courts. Concurrent Jurisdiction (New Remedies) In the several cases through remedies were granted by the Common Law Courts, but the remedies were inadequate. In such circumstances, Equity developed remedies on those remedies those were provided by the Common Law Courts, such as specific performance of contract, an injunction or the appointment of a receiver. These remedies which are often absolutely necessary for the plaintiff to ensure that complete justice or real justice. Otherwise the defendant always get full justice from the Common Law Courts. This jurisdiction is known as the Concurrent Jurisdiction of the Equity Courts, i.e. jurisdiction exercised by the Equity Courts in conjunction with the Common Law Courts. Auxiliary Jurisdiction (New Procedure) The procedure in the Common Law Courts were defective. The procedure did not compel, or even allow the defendant to take evidence. The Common Law Courts limited the enquiry to the parties to the actions. It could not compel discovery of documents. But the Courts of Equity acting in personam to made definite improvements in the procedure, even though the matter was pending before in the Common Law Courts. This jurisdiction of the Equity is known as Auxiliary Jurisdiction.

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LET 252: The Law of Equity and Trust(Application of Equity Jurisdiction in Bangladesh | Powers and Functions of Equity Courts)CT: Jalal Uddin M. Akbar; SID: ARNAB/PCIU/LLB00305037

Equity Courts could be classified as follows:

1. Exclusive Jurisdiction (New Rights)2. Concurrent Jurisdiction (New Remedies)3. Auxiliary Jurisdiction (New Procedure)

Exclusive Jurisdiction (New Rights)The Equity Courts enforced the rights which the Common Law Courts failed to exercise. For example: the equitable rights of the beneficiary or the equity of redemption of a mortgage could not enforced in Common Law Courts. The Courts of Equity enforced such rights. The jurisdiction of Equity was known as the Exclusive Jurisdiction, i.e. jurisdiction exercised by the Equity Courts to the total exclusion of the Common Law Courts.

Concurrent Jurisdiction (New Remedies)

In the several cases through remedies were granted by the Common Law Courts, but the remedies were inadequate. In such circumstances, Equity developed remedies on those remedies those were provided by the Common Law Courts, such as specific performance of contract, an injunction or the appointment of a receiver. These remedies which are often absolutely necessary for the plaintiff to ensure that complete justice or real justice. Otherwise the defendant always get full justice from the Common Law Courts. This jurisdiction is known as the Concurrent Jurisdiction of the Equity Courts, i.e. jurisdiction exercised by the Equity Courts in conjunction with the Common Law Courts.

Auxiliary Jurisdiction (New Procedure)

The procedure in the Common Law Courts were defective. The procedure did not compel, or even allow the defendant to take evidence. The Common Law Courts limited the enquiry to the parties to the actions. It could not compel discovery of documents. But the Courts of Equity acting in personam to made definite improvements in the procedure, even though the matter was pending before in the Common Law Courts. This jurisdiction of the Equity is known as Auxiliary Jurisdiction.

Powers and Functions of Equity Courts

Administration of estates of deceased person; Dissolution of partnership and partnership accounts; Redemption of foreclosure of Mortgage; Rising of portion or other charge of land; Sale and distribution of property subject to a lien or charge; Execution of trust; Ratification, cancellation or set a side of any written/dead instruments; Specific performance of contract or Injunction or Appointment of a receiver; Partition all sale of real estate; Ward ship of infants in case of their estates.

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