Consider the following statements with reference to the 'Doctrine of Clean Hands' in Indian jurisprudence -
- It is a statutory principle codified in the Code of Civil Procedure, 1908.
- It requires that a party seeking equitable relief must have acted fairly and in good faith in relation to the subject of the litigation.
- Suppression of material facts by a litigant is considered a fraud on the court and can lead to dismissal of the case.
- The doctrine is applicable only in writ petitions under Article 226 of the Constitution and not in other judicial proceedings.
How many of the above statements are correct?
Explanation - The Doctrine of Clean Hands emphasises that those seeking justice must not engage in dishonest practices, ensuring that litigants approach the court with full transparency and integrity. It is an equitable principle that prevents a party from receiving relief or asserting a defence if they have acted unfairly or in bad faith concerning the very matter before the court. Essentially, a party seeking an equitable remedy must themselves have "clean hands" regarding the dispute to be granted relief. Simply put, the doctrine requires that "He who seeks equity must do equity." The doctrine has its roots in the English Court of Chancery, which administered equity. In Indian jurisprudence, the Supreme Court of India has consistently emphasised that litigants must approach the court with "clean hands," meaning full and honest disclosure of all material facts relevant to the case. Suppression of material facts amounts to fraud on the court, misrepresentation, or abuse of process of law. Such conduct disentitles the litigant to any relief and may attract exemplary costs, dismissal of proceedings, or even contempt actions. The court has described this as a fundamental requirement for invoking equitable jurisdiction, particularly in writ petitions under Article 226 or special leave petitions under Article 136.
Explanation - The Doctrine of Clean Hands emphasises that those seeking justice must not engage in dishonest practices, ensuring that litigants approach the court with full transparency and integrity. It is an equitable principle that prevents a party from receiving relief or asserting a defence if they have acted unfairly or in bad faith concerning the very matter before the court. Essentially, a party seeking an equitable remedy must themselves have "clean hands" regarding the dispute to be granted relief. Simply put, the doctrine requires that "He who seeks equity must do equity." The doctrine has its roots in the English Court of Chancery, which administered equity. In Indian jurisprudence, the Supreme Court of India has consistently emphasised that litigants must approach the court with "clean hands," meaning full and honest disclosure of all material facts relevant to the case. Suppression of material facts amounts to fraud on the court, misrepresentation, or abuse of process of law. Such conduct disentitles the litigant to any relief and may attract exemplary costs, dismissal of proceedings, or even contempt actions. The court has described this as a fundamental requirement for invoking equitable jurisdiction, particularly in writ petitions under Article 226 or special leave petitions under Article 136.
