LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


(Guest)

What is the practice?

"N THE SUPREME COURT OF INDIA

Civil Appeal No. 5239 of 2002

Decided On: 03.12.2009

Appellants: Dalip Singh
Vs.
Respondent: State of U.P. and Ors.

Hon'ble Judges:
G.S. Singhvi and Asok Kumar Ganguly, JJ.

Disposition:
Appeal dismissed

ORDER
1. For many centuries, Indian society cherished two basic values of life i.e., 'Satya' (truth) and 'Ahimsa' (non-violence). Mahavir, Gautam Buddha and Mahatma Gandhi guided the people to ingrain these values in their daily life. Truth constituted an integral Dart of justice delivery system which was in vogue in pre-independence era and the people used to feel proud to tell truth in the courts irrespective of the consequences. However, post-independence period has seen drastic changes in our value system. The materialism has over-shadowed the old ethos and the quest for personal gain has become so intense that those involved in litigation do no hesitate to take shelter of falsehood, misrepresentation and suppression of facts in the court proceedings. In last 40 years, a new creed of litigants has cropped up. Those who belong to this creed do not have any respect for truth. They shamelessly resort to falsehood and unethical means for achieving their goals. In order to meet the challenge posed by this new creed of litigants, the courts have, from time to time, evolved new rules and it is now well established that a litigant, who attempts to pollute the stream of justice or who touches the pure fountain of justice with tainted hands, is not entitled to any relief, interim or final."

 

According to this order determination of clean/unclean hands is sine qua non before passing any interim or final order. Does it happen in practice? In what percentage of cases?

regards



Learning

 2 Replies

P. Venu (Advocate)     16 March 2010

The distressing fact is that it is the Government agencies who are the biggest culprits in landing the courts in the legal trap. The attached files gives a detailed analysis of  one such case. The matters are presently pending before the Supreme Court.


Attached File : 18 18 the immodel litigant.doc downloaded: 69 times

(Guest)

Do unclean hands prevent both interim and final orders? if not, is sc wrong in saying so/


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register