He who comes to equity must come with clean hands
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 from 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, the 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:
A person is not competent to sue as a plaintiff who himself has been guilty of fraud in the subject matter of the suit.
On an immoral consideration, no action can be found.
Nobody will be allowed to take action on his inequity.
Nobody can take benefit of his wrong.
4. Essential element of the maxim:
While applying this maxim the court will see the following essential elements of this maxim:
Conduct of the plaintiff.
Depravity
Unconscientious
5. Case Law:
Overtion V/S Banister 1884
It was held that this maxim applies to the plaintiff as well as the defendant.
6. Application:
This maxim has application in 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 an illegal agreement appear before the court of equity for the 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:
The 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 assistance from the court of equity.
7. Exception to maxim:
The 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 represents 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 regarding the subject matter of the litigation has been improper. a person who wants equity in his hands should not be spotted with injustice.