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Thread: Q. Discuss "who comes to equity must come with cleas hands." (2000) (2002) (2011/A)

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    Word Icon 35px Jpg.ashx Q. Discuss "who comes to equity must come with cleas hands." (2000) (2002) (2011/A)

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    1. Introduction:
    The person seeking relief must not himself guilty of illegal or immoral conduct with regard to the same transaction which would disentitle him to any assistance of the court. the court of equity will take into consideration, the personal conduct of the plaintiff in the transaction in dispute and if he had not sought the help of the court with clean hands, court will refuse to grant him relief.
    2. Meaning:
    It means that the plaintiff not only must be prepared to do what is right and fair, but also must show that this past record in the transaction is clear.
    3. Basis of the maxim:
    (i) Ex dolo malo non oritor actio:
    A person is not competent to sue as a plaintiff who himself has been guilty of fraud in the subject matter of the suit.
    (ii) Ex turpi causa non oritor actio:
    On an immoral consideration no action can be founded.
    (iii) Nexmo ex proprio dolo consequitor actionem:
    No body will be allowed to found an action on his own inequity.
    (iv) Nulls commodum capire potest de injuria sua proprio:
    No body can take benefit of his own wrong.
    4. Essential element of maxim:
    While apply this maxim the court will see the following essential element of this maxim:
    (i) Conduct of the plaintiff.
    (ii) Depravity
    (iii) Unconscientious
    5. Case Law:
    Overtion V/S Banister 1884

    It was held that this maxim is applicable to the plaintiff as well as defendant.
    6. Application:
    This maxim has application on the following cases.
    I. Specific performance:
    If the plaintiff has been guilty of undue advantage the court of equity will refuse the specific performance of a contract.
    II. Illegality:
    Where the parties to n illegal agreement appear before the court of equity for division of their respective shares towards the property obtained. it is revealed before the court that they had looted it at the road so equity refused to give any relief to any party.
    III. Fraud:
    In case of fraud, equity will not grant relief to a party who has committed fraud.
    IV. Benami Transaction:
    Real owner is not allowed to recover the property.
    V. Infant's misrepresentation:
    Where a minor fraudulently concealing his age and obtained a sum from his trustee which he was entitled to only at the age of majority. he was refused to get the assistance from the court of equity.
    7. Exception to maxim:
    Following are exceptions to the maxim.
    (i) Against public policy:
    If a transaction is against the public policy this maximum will not be available.
    (ii) Unjust plan:
    Where a party with unclean hands represent for his conduct before his unjust plans are carried out, the court will not stick to the letter of not stick to the letter of the maxim.
    8. Conclusion:
    To conclude I can say that, he who committed inequity shall not have equity. a court of equity declines to interfere in a case where the conduct of this plaintiff in regard to the subject matter of the litigation has been improper. a person who wants the equity his hands should not be spotted with injustice.

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