Tuesday, 25 June 2019

Case Law on `Clean hands'


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Clean hands - A party not coming to Court with clean hands is not entitled to any discretionary relief.
2008(1) Civil Court Cases 781 (P&H)

Clean hands - A party not coming to Court with clean hands is not entitled to discretionary relief.
2011(2) Civil Court Cases 0642 (P&H)

Clean hands - A person not approaching Court with clean heart and clean mind is not entitled to get any relief from Court.
2012(3) Civil Court Cases 020 (Allahabad)

Clean hands - A person not coming to Court with clean hands does not deserve any sympathy.
2009(3) Civil Court Cases 069 (Allahabad)

Clean hands - A person not coming to Court with clean hands is not entitled to any relief.
2013(1) Civil Court Cases 075 (S.C.)

Clean hands - A person not coming to Court with clean hands is not entitled to injunction.
2009(4) Civil Court Cases 302 (P&H)

Clean hands - A person seeking aid of Court for exercising its discretionary power is expected to state correct facts and not to state lies before the Court.
2010(4) Civil Court Cases 551 (S.C.)

Clean hands - A person seeking equitable relief should come to Court with clean hands.
2010(3) Civil Court Cases 233 (Bombay)

Clean hands - A person who approaches court for grant of relief, equitable or otherwise, is under a solemn obligation to candidly disclose all the material/important facts which have bearing on the adjudication of the issues raised in the case - He owes a duty to the court to bring out all the facts and refrain from concealing/suppressing any material fact within his knowledge or which he could have known by exercising diligence expected of a person of ordinary prudence - If he is found guilty of concealment of material facts or making an attempt to pollute the pure stream of justice, the court not only has the right but a duty to deny relief to such person.
2014(1) Civil Court Cases 111 (S.C.)

Clean hands - A person whose case is based on falsehood, has no right to approach the Court - He can be summarily thrown out at any stage of the litigation. AIR 1994 S.C. 853 followed.
1998(3) Civil Court Cases 386 (Bombay)

Clean hands - Agreement to sell - Specific performance - Plaintiff not coming to Court with clean hands - Not entitled to the discretionary relief of specific performance.
2010(4) Civil Court Cases 929 (A.P.)

Clean hands - Concealment of material facts - Amounts to criminal contempt, inasmuch as it amounts to an attempt to interfere with the administration of justice.
2010(2) Civil Court Cases 139 (All.)

Clean hands - Confidential and privileged document - Copy thereof produced on record - Held, petitioner is not coming to Court with clean hands as has obtained copy of confidential and privileged document illegally - Exercise of discretion in writ jurisdiction is not called for.
1999(1) Civil Court Cases 72 (All.)

Clean hands - Court will not help a party who has not come with clean hands.  2008(3) Civil Court Cases 256 (Bombay)

Clean hands - Dismissal of writ petition due to non disclosure of pendency of civil suit - Termination of service without complying with the principles of natural justice - Held, Judgment, in a case of this nature, shall not operate as a res judicata.
2007(3) Civil Court Cases 424 (S.C.)

Clean hands - Equitable relief - Where a party seeks an equitable relief he should approach Court with clean hands and should not suppress any material fact or document, otherwise he or she cannot seek indulgence of the Court for any equitable relief. 2000(1) Civil Court Cases 291 (Bom.)

Clean hands - Fact of previous suit or its decision not disclosed - Plaintiff not approaching Court with clean hands - Not entitled to discretionary relief of permanent injunction.
2006(4) Civil Court Cases 741 (P&H)

Clean hands - Incorrect statement of fact - Amounts to criminal contempt.
2010(2) Civil Court Cases 139 (All.)

Clean hands - Incorrect statement of fact/concealment of material facts - Amounts to criminal contempt - Unconditional apology tendered - Rule of mercy applied because of unconditional apology tendered - Exceptional costs imposed which shall be deposited to Legal Services Committee - Warning issued not to repeat the misendeavour in future.
2010(2) Civil Court Cases 139 (All.)

Clean hands - Non disclosure of dismissal of earlier objection petition which attained finality, in subsequent objection petition - Besides merits, subsequent objection petition dismissed for not coming to Court with clean hands.
2018(3) Civil Court Cases 154 (Rajasthan)

Clean hands - Party who makes false allegations, does not come with clean hands and is not entitled to the equitable relief. 2015(2) Civil Court Cases 061 (Delhi) (DB)

Clean hands - Party who makes false allegations does not come to Court with clean hands - Not entitled to equitable relief of specific performance.
2007(1) Civil Court Cases 085 (A.P.)

Clean hands - Plaintiff did not make any reference to previous suit or its decision in the plaint - Held, plaintiff is not entitled to the discretionary relief of permanent injunction. 2007(4) Civil Court Cases 258 P&H)

Clean hands - Plaintiff filing different proceedings in different Courts within a short time making inconsistent allegations - It shows that plaintiff has been abusing the process of Court and has not come to Court with clean hands - Held, plaintiff is not entitled to get any equitable relief under the Specific Relief Act.
1999(3) Civil Court Cases 694 (S.C.)

Clean hands - Plaintiff not coming to Court with clean hands - Plaintiff guilty of suppressio veri - Plaintiff not entitled to any relief on any of the grounds urged by him.
2018(3) Civil Court Cases 592 (S.C.)

Clean hands - Plaintiff who has not come to Court with clean hands is not entitled to any relief from the Court.
2019(1) Civil Court Cases 484 (Allahabad)

Clean hands - Specific performance - Plaintiff is not entitled to equitable relief of specific performance, when he has not come to Court with clean hands.
2018(3) Civil Court Cases 017 (Madras)

Clean hands - Suit for specific performance - False defence regarding delivery of possession - Justify the plaintiff being non suited.
2013(2) Civil Court Cases 446 (Madras)

Clean hands - Suppression of material fact - Denial of discretionary relief - "He who has committed iniquity shall not have equity" - He who seeks equity must do equity - Material fact means material for the purpose of determination of the lis, the logical corollary whereof would be that whether the same was material for grant or denial of the relief - If the fact suppressed is not material for determination of the lis between the parties, the Court may not refuse to exercise it discretionary jurisdiction. 2007(3) Civil Court Cases 424 (S.C.)

Clean hands - Suppression of material fact - Non disclosure of fact in the writ petition that a civil suit is pending - Amounts to suppression of material fact - Writ petition dismissed - Order upheld.
2007(3) Civil Court Cases 424 (S.C.)

Clean hands - Suppression of material fact - This ground alone is sufficient to reject the petition.
2006(4) Civil Court Cases 89 (Karnataka)

Clean hands - Suppression of material fact does not entitle plaintiff to a discretionary relief of specific performance - Material fact is that fact which is material for the purpose of determination of the lis.
2012(1) Civil Court Cases 244 (S.C.)

Clean hands - Suppression of material fact does not entitle plaintiff to discretionary relief of specific performance - Defendant returned the advance money by way of account payee cheque and sent it by registered post and the same was refused by plaintiff - This fact not disclosed in the plaint - Held, this is a suppression of material fact which does not entitle plaintiff purchaser from getting any discretionary relief of specific performance.
2012(1) Civil Court Cases 244 (S.C.)

Clean hands - Suppression of material facts - Grant of equitable relief or otherwise - A person who conceals/suppresses any material fact within his knowledge or which he could have known by exercising diligence expected of a person of ordinary prudence, which has bearing on the adjudication of the issue raised in the case, is not entitled to any relief, interim or final.
2010(4) Civil Court Cases 480 (A.P.)

Clean hands - Suppression of material facts - Merely because such facts are in knowledge of defendant, does not water down said suppression.
2013(4) Civil Court Cases 079 (Rajasthan)

Clean hands - Suppression of material facts - Such person not entitled to any relief in a case instituted in a Court and judicial forum.
2013(4) Civil Court Cases 079 (Rajasthan)

Clean hands - Suppression of material facts as to filing of previous suit - Relief sought in both the suits identical and almost similar - Two suits relate to the same suit property - Plaintiff is required to disclose all material and relevant facts including the fact of rejection of the prayer of interim injunction by the Trial Court and the Appellate Court - Suit dismissed for suppression and concealment of material facts. (Civil Procedure Code, 1908, O.7.R.11).
1999(Suppl.) Civil Court Cases 691 (Delhi)

Clean hands - Tenant has not come to Court in Revision with clean hands as he is in arrears of rent for the last many years. (Ram Paul Vs Vijay Kumar & Ors.) 2013(4) Civil Court Cases 581 (P&H)

Clean hands - The party who makes false allegations does not come with clean hands and is not entitled to the equitable relief. 1999(3) Civil Court Cases 60 (A.P.)

Clean hands - To pay a cash amount of Rs.42.50 lakhs out of a consideration of 45 lakhs, at the time of execution of agreement to sell, creates grave suspicion about approaching Court with suppression.
2010(3) Civil Court Cases 233 (Bombay)

Clean hands - To seek equitable relief of specific performance, plaintiff must come to Court with clean hands.
2018(1) Civil Court Cases 302 (Madras)

Clean hands - True facts of earlier suit not disclosed - Court to draw adverse inference.
2007(4) Civil Court Cases 480 (Rajasthan)

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