5. DELAY DEFEATS EQUITIES Meaning A Latin term in this regard is “Vigilantibus, non dormentibus, jura subvenient.” which means “Equity aids the vigilant and not the indolent”. So, if one sleeps on his rights, his rights will slip away from him. Legal claims are barred by statutes of limitation and equitable claims may be barred not only by limitation law but also by unreasonable delay, called laches. Application and cases To cases which are governed by statutes of limitation either expressly or by analogy the maxim will not apply. Such cases fall into three categories- i) Those equitable claims to which the statute applies expressly. ii) to which the statute applies by analogy. iii) Equitable claims which are covered by ordinary rules of laches. Doctrine of laches- Plaintiff’s unreasonable delay is a weapon of defence by the defendant against the plaintiff. In a Bombay case, the plaintiff allowed his land to be occupied by the defendant and this was acquiesced by him even beyond the period of limitation. On a suit of the land it was decided that as the period of limitation to recover possession had expired, no relief could be granted. Also the case of Allcard v. Skinner is worth mentioning here. Limitation This maxim does not apply when- i) where the law of limitation expressly applies ii) where it applies by analogy, and iii) where the law of limitation does not apply but the cases are governed by ordinary rules of laches. Recognition The English doctrine of delay and laches showing negligence in seeking relief in a court of equity can not be imported into the Bangladeshi law in view of Article 113 of the Limitation Act, 1908, which fixes a period of one year (previously three years) within which a suit for specific performance should be brought. Section 51 of the Transfer of Property Act embodies this doctrine but with a difference.
Posted on: Mon, 15 Dec 2014 09:46:12 +0000
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