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Legal Maxim: He who comes into Equity must come with clean hands

 Legal Maxim: He who comes into Equity must come with clean hands

Introduction

The maxim “He who comes into Equity must come with clean hands” is based on the good conscience of the people and demands fairness. If a person acts within the limit of legal right, they are free from any action. But if the person has not come legally to the court, then there is no remedy for him. The previous background of the person should be clean, with respect to the matter for which person had come to the court. This maxim talks about the past conduct of the person.

Application of the maxim

This maxim has been applied and referred to in various cases:

Gloucester v. Grammar School

In this case, the court explained the meaning of this legal maxim and mentioned that an act doesn’t become illegal merely because of the improper motive of the person. Under this maxim, it is not necessary to create a basic legal action punishable as a crime.

This maxim talks about equitable misconduct. In this case, a school was opened in front of another school due to which previous school’s income decreased. Here, person opening the new school may have had ill motive but it was not held to be illegal. If doing legally, it is valid. Here, equity won’t help as equity also follows up the law.

Rasikalal Vaghaji Bhai Patel v. Ahmedabad Municipal Coporation

In this case, the petitioner was removed from his office on the basis of misconduct. He got employed in another office, where he mentioned in the application, that he voluntarily left the previous service, because of transfer. The second employer removed him from service considering his act to be misconduct. The petitioner filed the SLP under Art-136 before SC, which was also failed, as he was guilty of material facts in front of the court. Court applied this legal maxim while mentioning that if person seeks relief, he/she must come hands before the court.

Related Example

  • A person is using a company's registered trademark for his own good's sale and getting benefit. This conduct is wrong on the part of that person. If a third person does the same with A with respect to same goods, A won't be able to get remedy, as he himself is at fault.

  • A minor fraudulently concealed his age and entered into a contract. This is breach trust but equity court won't provide assistance here.

  • Equity won't provide assistance in case of Benami transactions too.

Exceptions

  • Transaction against public policy

Under this principle, if the plaintiff's hands are not clean, the also party can get the remedy on the terms that the related conduct was for sake of public good & on moral values' grounds.

  • Where a party, with unclean hands, repents for his conduct.

If a person feels that whatever act was done by him in past was unjust to other people and also, regrets for the same before court, then court doesn't become rigid as its main aim is to provide justice. Court may provide remedy to him, be it with some terms.

Recognition of this maxim

  • Article 136 of Indian Constitution

  • Section 23 of Indian Trust Act

  • Section 17, 18, 20 of Specific Relief Act

Case- Suraj Kumar v. District Judge, Mirzapur, 1991

The court observed that Art-226 & Art-32 provide the extraordinary jurisdiction to the court but it couldn't allow to be misused in the case wheat petitioner filed an application to the court with unclear hands like in writ, suppressed material facts, stating wrong facts, etc. If petitioner does such act, then he must get punitive punishment.

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