He Who Seeks Equity Must Come With Clean Hand Maxims Of Equity Law

He Who Seeks Equity Must Come With Clean Hand Maxims Of Equity Law 

Introduction 

Equity courts are courts of fairness and natural justice every body who want justice according to natural justice or or want  remedy from equity courts , He should not be spotted with injustice illegality or any other unfair act, or  His Conduct must be Clean and clear . if it is proved before the court that the plaintiff has not come before the court with clean hands , So he will not be awarded damages .

Meaning Of This Maxim 

In Simple Words it can be explain as  , Do Good Have Good .

Explanation 

To apply this maxim the court believed that the conduct of the plaintiff was not against conscience before he came to the court

Application And Cases Relating to the Maxim 

In Highwaymen Case two robbers were partners in their own way . To disagreement in shares one of the them filed a suit against another for account of profits or robbery. courts of equity do grant relief in case of partnership , here was a case where the cause of action arose from an illegal act . So, the equity Court refused to grant remedy to the aggrieved party , this maxim can be seen in action while giving relief of the specific peformance of the contract , injunction etc.

Specific Performance of contract 



Equity will refuse specific perfromance of a contract while may be valid in law , if the plaintiff has been guilty of undue advantage .



Case Related to This Maxim 


CASE Overto  VS Banister


A minor benificary frudulently concealing her age induced her trustee, to pay her a sum of money which she was entitled to only on attaining the age of majority. Subsequently , she brought a suit against the trustee , to get from him what she had already got. it was held that her conduct dis entitled her in equity to recover any amount from the trustee, because she having misrepresented her age and had not come with clean hand

Exception to This Maxim 

If the transaction is against public policy , be exercised his jurisdiction even where the plaintiff was a party to illegality



This Equity is Applicable in Pakistan and India


This section deal with  section 17, 18, and 20 of specific relief act , 1877

Trust act section 23

Transfer of property act section 78

Contract act section 18


Concluding Remarks 


To Conclude we would say that any person who seek equity from equity court must come to the court with clean hands , his records in the transaction must be fair and clean




For video Lecture