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The rule of equity in Pakistan refers to the application of principles of equity and fairness in the legal system. Equity is a branch of law that complements and supplements the common law system by providing remedies and solutions in cases where the strict application of common law principles may lead to injustice or unfairness.
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In Pakistan, the rule of equity is derived from English common law, as Pakistan inherited its legal system from British colonial rule. The principles of equity are applied by the courts to ensure justice and fairness in various legal matters, including property disputes, contract disputes, family law matters, and administrative law cases.
In Pakistan, the rule of equity is derived from English common law, as Pakistan inherited its legal system from British colonial rule. The principles of equity are applied by the courts to ensure justice and fairness in various legal matters, including property disputes, contract disputes, family law matters, and administrative law cases.
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One of the key principles of equity is that it seeks to do justice between the parties involved in a dispute. This means that the court will consider all relevant factors and circumstances to arrive at a fair decision. Unlike common law, which relies on precedent and strict interpretation of statutes, equity allows for flexibility and discretion in decision-making.
One of the key principles of equity is that it seeks to do justice between the parties involved in a dispute. This means that the court will consider all relevant factors and circumstances to arrive at a fair decision. Unlike common law, which relies on precedent and strict interpretation of statutes, equity allows for flexibility and discretion in decision-making.
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Equity also recognizes certain equitable rights and remedies that are not available under common law. These include injunctions, specific performance, rescission of contracts, rectification of documents, and constructive trusts. These remedies aim to prevent harm or injustice and provide relief to the aggrieved party.
Equity also recognizes certain equitable rights and remedies that are not available under common law. These include injunctions, specific performance, rescission of contracts, rectification of documents, and constructive trusts. These remedies aim to prevent harm or injustice and provide relief to the aggrieved party.
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In Pakistan, the rule of equity is primarily applied by the High Courts and the Supreme Court. These courts have the power to exercise equitable jurisdiction and grant equitable remedies. However, it is important to note that equity is not a separate legal system but rather a set of principles that supplement common law.
In Pakistan, the rule of equity is primarily applied by the High Courts and the Supreme Court. These courts have the power to exercise equitable jurisdiction and grant equitable remedies. However, it is important to note that equity is not a separate legal system but rather a set of principles that supplement common law.
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The courts in Pakistan also rely on precedents set by English courts in matters related to equity. English case laws such as those from the House of Lords and the Court of Appeal are considered persuasive authorities and are often referred to by Pakistani courts in matters of equity.
The courts in Pakistan also rely on precedents set by English courts in matters related to equity. English case laws such as those from the House of Lords and the Court of Appeal are considered persuasive authorities and are often referred to by Pakistani courts in matters of equity.
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In recent years, there have been efforts to develop a distinct body of equitable principles in Pakistan. The Supreme Court has emphasized the importance of equity in ensuring justice and has called for the development of indigenous equitable principles that are relevant to the local context.
In recent years, there have been efforts to develop a distinct body of equitable principles in Pakistan. The Supreme Court has emphasized the importance of equity in ensuring justice and has called for the development of indigenous equitable principles that are relevant to the local context.
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In conclusion, the rule of equity in Pakistan is an important aspect of the legal system that ensures fairness and justice in various legal matters. It is derived from English common law but is applied with consideration for local circumstances and constitutional principles. The courts in Pakistan have the power to exercise equitable jurisdiction and grant equitable remedies to prevent injustice and provide relief to parties involved in disputes.
In conclusion, the rule of equity in Pakistan is an important aspect of the legal system that ensures fairness and justice in various legal matters. It is derived from English common law but is applied with consideration for local circumstances and constitutional principles. The courts in Pakistan have the power to exercise equitable jurisdiction and grant equitable remedies to prevent injustice and provide relief to parties involved in disputes.
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