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1 - 10 of 32 (1.08 seconds)Haryana Financial Corporation & Anr vs M/S Jagdamba Oil Mills & Anr on 28 January, 2002
(NCT of Delhi) v. Manohar Lal: (2002)
7 SCC 222: 2002 SCC (Cri) 1670: AIR 2002 SC 3088,
Haryana Financial Corpn. V. Jagdamba Oil Mills: (2002) 3
SCC 496: JT (2002) 1 SC 482 and Nalini Mahajan (Dr) v.
Director of income Tax (Investigation): (2002) 257 ITR 123
(Del)]."
Bhavnagar University vs Palitana Sugar Mill Pvt. Ltd. & Ors on 3 December, 2002
Life Insurance Corporation Of India & ... vs Smt.Asha Goel & Anr on 13 December, 2000
A court of equity, when
exercising its equitable jurisdiction must act so as to prevent
perpetration of a legal fraud and promote good faith and equity.
An order in equity is one which is equitable to all the parties
concerned. The petition can be entertained only after being fully
satisfied about the factual statements and not in a casual and
cavalier manner. (Vide Champalal Binani Vs. CIT: (1971) 3
SCC 20: AIR 1970 SC 645; Chimajirao Kanhojirao Shrike V.
Oriental Fire and General Insurance Co. Ltd., (2000) 6 SCC
622: AIR 2000 SC 2532; LIC v. Asha Goel: (2001) 2 SCC
160: AIR 2001 SC 549; Haryana Financial Corporation v.
Jagdamba Oil Mills (2002) 3 SCC 496; Chandra Singh v.
State of Rajasthan: (2003) 6 SCC 545: 2003 SCC (L&S) 951;
and Punjab Roadways, v. Punja Sahib Bus and Transport
Co. : (2010) 5 SCC 235).
Chandra Singh vs State Of Rajasthan And Anr on 22 July, 2003
"26. If a test is cancelled just because some complaints
against the same have been made howsoever frivolous, it may
lead to a situation where no selection process can be finalized
as those who fail to qualify can always make a grievance
against the test or its fairness. What is important is that once a
complaint or representation is received the competent authority
applies its mind to the same and records reasons why in its
opinion it is necessary to cancel the examination in the interest
of purity of the selection process or with a view to preventing
injustice or prejudice to those who have appeared in the same.
That is precisely what had happened in Dilbagh Singh Case.
The examination was cancelled upon an inquiry into the
allegations of unjust, arbitrary and dubious selection list
prepared by the Selection Board in which the allegations were
found to be correct." (emphasis supplied)
Punjab Roadways Moga Tr.Gen.Manager vs Punjab Sahib Bus & Transport Co.& Ors on 27 April, 2010
A court of equity, when
exercising its equitable jurisdiction must act so as to prevent
perpetration of a legal fraud and promote good faith and equity.
An order in equity is one which is equitable to all the parties
concerned. The petition can be entertained only after being fully
satisfied about the factual statements and not in a casual and
cavalier manner. (Vide Champalal Binani Vs. CIT: (1971) 3
SCC 20: AIR 1970 SC 645; Chimajirao Kanhojirao Shrike V.
Oriental Fire and General Insurance Co. Ltd., (2000) 6 SCC
622: AIR 2000 SC 2532; LIC v. Asha Goel: (2001) 2 SCC
160: AIR 2001 SC 549; Haryana Financial Corporation v.
Jagdamba Oil Mills (2002) 3 SCC 496; Chandra Singh v.
State of Rajasthan: (2003) 6 SCC 545: 2003 SCC (L&S) 951;
and Punjab Roadways, v. Punja Sahib Bus and Transport
Co. : (2010) 5 SCC 235).
M/S Sikkim Subba Associates vs State Of Sikkim on 1 May, 2001
27. Where a party's claim is not founded on valid grounds,
the party cannot claim equity. A party that claims equity must
come before the court with clean hands as equities have to be
properly worked out between parties to ensure that no one is
allowed to have their pound of flesh vis-à-vis the others
unjustly. (vide: Sikkim Subba Associates v. State of Sikkim
(2001) 5 SCC 629)
A.P. State Financial Corpn vs Gar Re-Rolling Mills on 10 February, 1994
In A P State Financial Corporation v. GAR Re-Rolling
Mills : (1994) 2 SCC 647: AIR 1984SC 2151, this Court
observed:- (SCC p. 662, para 18)
Page 22 of 35
"Equity is always known to defend the law from clefty
evasions and new subtelities invented to evade law."
M. P. Mittal vs State Of Haryana And Ors on 10 October, 1984
In M.P. Mittal v. State of Haryana : (1984) 4 SCC
371:AIR 1984 SC 1888, this Court held: (SCC p.374, para 5)
"5. ......it is open to the High Court to consider
whether, in the exercise of its undoubted discretionary
jurisdiction, it should decline relief to such petitioner if
the grant of relief would defeat the interests of justice.
The Court always has power to refuse relief where the
petitioner seeks to invoke its writ jurisdiction in order to
secure a dishonest advantage or perpetrate an unjust
gain."
State Of Maharashtra vs Prabhu on 3 November, 1993
30. This Court in State of Maharashtra v. Prabhu, (1994) 2
SCC 481:1984 SCC (L&S)676: (1994) 27 ATC 116 considered
the scope of equity jurisdiction of the High Court under Article
226 of the Constitution and pointed out as follows: (SCC p.486,
para 5)
"5. .....It is the responsibility of the High Court as
custodian of the Constitution to maintain the social
balance by interfering where necessary for sake of
justice and refusing to interfere where it is against the
social interest and public good."