clean hands

The full maxim is “he who comes into equity must come with clean hands”. A court may refuse discretionary relief, such as an injunction, specific performance or a writ, to a party guilty of improper conduct connected with the matter in suit. The misconduct must relate to the transaction itself; general bad character is not enough.

Indian courts apply it firmly. A writ petitioner who suppresses material facts may be turned away without examining the merits, and a decree obtained by fraud on the court is a nullity. Distinguish “he who seeks equity must do equity”, which looks to what the claimant must do in future, while clean hands looks at his past conduct.

Example

The petition fails for want of clean hands: the petitioner hid the fact that he had already lost the same claim before the civil court.

In Indian law

• S.P. Chengalvaraya Naidu v. Jagannath, 1993 INSC 344: a judgment obtained by fraud is a nullity; a litigant who suppresses facts is not entitled to be heard

See also

equity · he who seeks equity must do equity · specific performance · injunction