Equitable Remedies

June 8, 2024

Equitable remedies in the Indian legal system refer to judicial relief granted when monetary damages are insufficient to resolve a dispute or provide adequate relief. These remedies are derived from principles of equity and fairness, complementing the statutory law. Equitable remedies include injunctions, specific performance, and rectification. An injunction is a court order requiring a party to do or refrain from doing a specific act, often used to prevent ongoing or imminent harm. Specific performance compels a party to fulfil their contractual obligations when damages are inadequate, particularly in cases involving unique or irreplaceable property. Rectification involves correcting a written contract to reflect the true intentions of the parties when there has been a mutual mistake. These remedies are discretionary, meaning the court grants them based on the merits of each case, considering factors such as the conduct of the parties, the adequacy of other remedies, and the interests of justice. Equitable remedies ensure that legal outcomes are fair and just, addressing situations where rigid application of the law may not achieve a satisfactory resolution.


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