Justice, Equity and Good Conscience
By
Dr. Rohini Mahurkar
In the present case, the Privy Council was dealing with a litigation from Burma and it observed that Burmese Courts are directed in absence of any statutory law applicable to accounts against a mortgagee in possession to follow the guidance of justice, equity and good conscience. Acting on this principle the Privy Council accepted Mr Haldane’s contention that there was no rule of abstract justice in taking the accounts of the mortgagee in possession and that the Indian rule which was embodied in Section 76 of the Transfer of the Property Act, though the Act had not been extended to Burma, but followed there in preference to the English practice. It would thus be seen that the equitable principle underlying the provisions of Section 76 was extended to the case on specific ground that the Burmese Courts had been directed by the relevant statutory provisions to follow the guidance of justice, equity and good conscience in the absence of any statutory law applicable to accounts ag ....