HE WHO COMES INTO EQUITY, MUST COME WITH CLEAN HANDS
1. Introduction:
2. Meaning Or Origin:
Ex turpicausa non oritur actio
"from a dishonourable cause an action does not arise"
This maxim relates to conduct of a party before coming to court where as maxim
“he who seeks equity must do equity” relate to conduct of party after coming to
court.
Court will refuse to interfere on behalf of the party to acknowledge his right and
to grant him relief.
3. Application& Important Cases:
GLOUCESTER Vs. GRAMMAR SCHOOL (1410 Y.B.II Hen IV)
A school master set up a revel school next to that B. Many students left the old
established school of B and got admission in the newly opened school of A. As a result B
suffered a heavy loss and filed a suit against A for damages. Held, That “no suit could lie
on the ground as bona fide Competition can afford no ground of action Whatever damage
it may cause”
R. V. Patel Vs. Ahmedabad Municipal Corporation (1985) 2 SCC 35
The Petitioner was removed from service on ground of proved misconduct. He got
employment in another organisation however in his application, he stated that he had
voluntarily left the previous services. The second employer later terminated him on the
ground that he concealed that fact. Petitioner filed case against Respondent but his case
was dismissed and all his appeals were also dismissed.
4. Limitation:
I. General or total conduct of the party shall not be considered
II. Conduct must be related to the matter
5. Exceptions to Maxims:
i. Public Policy
1. Introduction:
2. Meaning Or Origin:
Ex turpicausa non oritur actio
"from a dishonourable cause an action does not arise"
This maxim relates to conduct of a party before coming to court where as maxim
“he who seeks equity must do equity” relate to conduct of party after coming to
court.
Court will refuse to interfere on behalf of the party to acknowledge his right and
to grant him relief.
3. Application& Important Cases:
GLOUCESTER Vs. GRAMMAR SCHOOL (1410 Y.B.II Hen IV)
A school master set up a revel school next to that B. Many students left the old
established school of B and got admission in the newly opened school of A. As a result B
suffered a heavy loss and filed a suit against A for damages. Held, That “no suit could lie
on the ground as bona fide Competition can afford no ground of action Whatever damage
it may cause”
R. V. Patel Vs. Ahmedabad Municipal Corporation (1985) 2 SCC 35
The Petitioner was removed from service on ground of proved misconduct. He got
employment in another organisation however in his application, he stated that he had
voluntarily left the previous services. The second employer later terminated him on the
ground that he concealed that fact. Petitioner filed case against Respondent but his case
was dismissed and all his appeals were also dismissed.
4. Limitation:
I. General or total conduct of the party shall not be considered
II. Conduct must be related to the matter
5. Exceptions to Maxims:
i. Public Policy
