AI Overview...
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Family Arrangements - White and Tudor emphasize that family arrangements are governed by a special equity, and courts tend to uphold such arrangements if they are made honestly, to preserve harmony, protect property, and maintain family honor Yendapalli Venkataraju (died) VS Yendapalli Yedukondalu alias Ven-kateswarlu - Andhra Pradesh, M. Gnanasambandam (since Deceased) VS M. Raja Appar - Madras, M. Raja Appar VS M. Gnanasambandam - Madras.
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Doctrine of Election - White and Tudor describe election as the obligation for a party to choose between two inconsistent rights or claims, especially in cases involving conflicting interests or claims, as supported by references from Maitland’s Lectures and case law Van Vibhag Karamchari Griha Nirman Sahkari Sanstha Maryadit (Regd. ) VS Ramesh Chander - Rajasthan, Van Vibhag Karamchari Griha Nirman Sahkari Sanstha Maryadit VS Ramesh Chander - Supreme Court, KHEM CHAND VS S. K. SARVARIA - Delhi, RAMASWAMY PALIEDAR VS SECRETARY TO THE GOVERNMENT OF NCT OF DELHI - Delhi, C. Beepathlima VS Velasuri Shankaranarayana Kadambolithaya - Supreme Court.
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Equity and Statutes - The authors clarify that equity does not operate to annul statutes, such as the Statute of Frauds, and relief is only granted where equitable principles apply, not to override statutory provisions Raja Ram Mahadev Paranjype VS Aba Maruti Mali - Supreme Court.
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Specific Cases and Principles - The text references cases like Brockburst (1784) and Lester (1703) to illustrate how courts have historically applied equitable principles, including the importance of written agreements for land and the doctrine of election in conflicting claims Sardar Govindrao Mahadik VS Devi Sahai - Supreme Court.
Analysis and Conclusion:
White and Tudor's Leading Cases on Equity serve as a comprehensive guide to key equitable principles, notably the special nature of family arrangements and the doctrine of election. The work underscores courts' inclination to uphold honest family agreements and emphasizes that equitable relief is limited by statutory constraints, with case law reinforcing these doctrines. These principles remain foundational in understanding equitable jurisdiction and remedies.
Search Results for "Leading Cases on Equity by White and Tudor"
1957 0 Supreme(AP) 169 • India - Andhra Pradesh
CHANDRA REDDY, SYED QUAMAR HASAN
Antarvedi died owning properties worth about 1,00,000/- which was improved by his son the 1st defendant in such a way that the money-lending ... For this purpose our attention is called to a passage in Leading Cases in Equity" by White and Tudor at page 256 : ... "Where a family arrangement is entered into upon the assumption that all the parties named in a deed will execute it, and one of them does not do so, it will not ... Pending the suit, the 4th defendant died leaving....
2010 0 Supreme(Raj) 917 • India - Rajasthan
ASOK KUMAR GANGULY, G.S.SINGHVI
The learned Counsel relied on the doctrine of election, by referring to Maitland’s Lectures on Equity, as also on Leading Cases on Equity by White and Tudor, considered by this Court in page 850 of the report.
2010 0 Supreme(SC) 992 • India - Supreme Court
G.S.SINGHVI, ASOK KUMAR GANGULY
The learned Counsel relied on the doctrine of election, by referring to Maitland's Lectures on Equity, as also on Leading Cases on Equity by White and Tudor, considered by this Court in page 850 of the report.
2009 0 Supreme(Mad) 481 • India - Madras
V.RAMASUBRAMANIAN
In "Leading Cases in Equity" by White and Tudor, the learned authors have remarked that ... ." ... Parties are members of three different groups and are leading business people. ... The family arrangements are governed by a special equity peculiar to themselves and would be enforced if honestly made." ... "The Courts have, therefore, leaned in favour of upholding a family arrangement instead of disturbing the same on technical or trivial grounds. ... Furmston, (10....
2009 0 Supreme(Mad) 496 • India - Madras
V.RAMASUBRAMANIAN
No. 729 of 2006 and pleading estoppel against the defendant in the matter of the share to which he is entitled in the suit schedule ... In "Leading Cases in Equity" by White and Tudor, the learned authors have remarked that "The expression family arrangement' covers a multitude of agreements made between relatives and designed to preserve the harmony, to protect the property and to save the honour of the family". ... Parties are members of three different groups and are leadi....
1961 0 Supreme(SC) 382 • India - Supreme Court
S.R.DASS, A.K.SARKAR, RAGHUBAR DAYAL
This appears to us to be well established but we may refer to White and Tudor s Leading Cases in Equity (9th ed.) p. 238, where it is stated : ... "Although, in cases of contract between parties, equity will often relieve against penalties and forfeitures, where compensation can be ... Equity does not operate to annul a statute. ... In our opinion, the authorities were clearly in error in thinking that they could grant relief in these cases....
2000 0 Supreme(Del) 515 • India - Delhi
A.K.SIKRI
leading Cases in Equity Vol. 1 and Eds. at page 444 as follows: -"election is. the obligation imposed upon a parly by Courts of equity 16 choose between two inconsistent or alternative rights or claims in cases where there is clear intention of the person from whom he derives one that he should not enjoy ... This same principle is staled in White and Tudor. ... If the order is on the merits it would be a bar; if the order shows that the dismissal was for the reason th....
2000 0 Supreme(Del) 406 • India - Delhi
A.K.SIKRI
This same principle is stated in White and Tudor s Leading Cases in Equity Vol. 1 and Eds. at page 444 as follows:- ... "election is the obligation imposed upon a party by Courts of equity to choose between two inconsistent or alternative rights or claims in cases where there is clear ... A. branch on 21 st May, 1991. while loading the bag of sugar in vehicle No. DHG-5068. Enquiry was held. Enquiry Officer returned his findings holding that charges s....
1981 0 Supreme(SC) 506 • India - Supreme Court
D.A.DESAI, R.B.MISRA
Brockburst, (1784-28 ER 1205) quoted by White and Tudor, leading cases on Equity, 8th Edn. at p. 416), ... 18. ... Lester, (1703). 2 Vern 456, (quoted in White and Tudors leading cases on Equity, 8th Edn., p. 413) as under : ... The Statute of Frauds says that no action or suit shall be maintained on an agreement relating to lands, which is not in writing, signed by the party to be charged with ... The first was that a plaintiff see....
1963 0 Supreme(SC) 286 • India - Supreme Court
M.HIDAYATULLAH, J.C.SHAH, K.SUBBA RAO
Lecture18) ... The same principle is stated in White and Tudor s Leading cases in Equity Vol, 1 8th Edn, at n. 444 as follows: ... "Election is the obligation imposed upon a party by courts of equity to choose between two inconsistent or alternative rights or claims ... Viraraghavayya, ILR 52 Mad 556 where after referring to the passage quoted by us from White and Tudor, courts Trotter, G. ... No question of equity really arises, be....
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