Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Principle - No party can take advantage of its own wrong, rooted in the Latin maxim 'Commodum ex injuria sua nemo habere debet' (No one should profit from his own wrong) ["Kamal Dev Kalia VS State of Punjab - Punjab and Haryana"]>["Kamal Dev Kalia VS State of Punjab - Punjab and Haryana"].
Main Points & Insights:
The doctrine also prevents parties from reaping benefits from illegal or wrongful acts, ensuring fairness and integrity in legal proceedings ["Chanchal Kumar Chatterjee VS State of West Bengal - Calcutta"]>["Chanchal Kumar Chatterjee VS State of West Bengal - Calcutta"], ["Smt. Madhubala Jaiswal Vs. Real Estate Appellate Tribunal And 2 Others - Allahabad"]>["Smt. Madhubala Jaiswal Vs. Real Estate Appellate Tribunal And 2 Others - Allahabad"].
Analysis & Conclusion:
References:- ["Kamal Dev Kalia VS State of Punjab - Punjab and Haryana"]- ["Prakash Munda, son of late Dhaneshwar Munda VS Bharat Sanchar Nigam Limited through its General Manager - Jharkhand"]- ["Binod Pathak VS Shankar Choudhary - 2025 6 Supreme 181"]- ["Chief Executive Officer, Uttar Pradesh Khadi And Village Industries Board, Lko. VS Controlling Authority Under Payment Of Gratuity Act/Asst. Labour Commissioner, Lko. - Allahabad"]- ["M/s Ind-Bharath Energies (Maharashtra) Ltd vs Maharashtra State Electricity Distribution Co. Ltd. & ors. - Appellate Tribunal for Electricity"]- ["Swargam Venkata Swamy (died) per Lrs A- 2 AND 3 4 AND5 vs Eligeti Prabhakar - Telangana"]- ["Swargam Venkata Swamy (died) per Lrs A- 2 AND 3 4 AND5 vs Eligeti Prabhakar - Telangana"]- ["M/s Ind-Bharath Energies (Maharashtra) Ltd vs Maharashtra State Electricity Distribution Co. Ltd. & ors. - Appellate Tribunal for Electricity"]- ["Chanchal Kumar Chatterjee VS State of West Bengal - Calcutta"]- ["Smt. Madhubala Jaiswal Vs. Real Estate Appellate Tribunal And 2 Others - Allahabad"]
In the realm of Indian jurisprudence, few principles are as firmly entrenched as the maxim nullus commodum capere potest de injuria sua propria—no one can take advantage of their own wrong. This doctrine, rooted in equity and good conscience, ensures that parties cannot benefit from their misconduct, delays, or abuse of legal processes. But what does this mean in practice? Consider this common legal query: That it is a settled principle of law that no party can be permitted to take advantage of its own wrong. Suggest some judgments on this point.
This blog post delves into this principle, highlighting key judgments, its applications across contexts like litigation delays, court orders, contracts, and environmental violations, and the courts' inherent powers to enforce it. While this provides general insights, it is not legal advice—consult a qualified lawyer for specific cases.
The principle prevents unjust enrichment where a party seeks to profit from its own wrongdoing. Courts consistently apply it to maintain justice, emphasizing that misconduct should not yield benefits. As noted in several rulings, a wrongdoer ought not to be permitted to make a profit out of his own wrongBinod Pathak VS Shankar Choudhary - 2025 6 Supreme 181.
Key aspects include:- Recognition in Indian Law: It is a well-settled maxim applied to curb unfair advantages from delays or illegal acts Faizabad-Ayodhya Development Authority VS Rajesh Kumar Pandey - 2022 6 Supreme 6Mekha Ram VS State of Rajasthan - 2022 4 Supreme 347.- Equity's Role: Courts act on principles of equity to neutralize wrongful gains Additional General Manager/Human Resource Bharat Heavy Electricals LTD. VS Suresh Ramkrishna Burde - 2007 5 Supreme 174.- Inherent Jurisdiction: Judges have wide powers to order restitution and prevent abuse Faizabad-Ayodhya Development Authority VS Rajesh Kumar Pandey - 2022 6 Supreme 6.
This doctrine underscores that no man shall take advantage of his own wrongMunicipal Committee Katra VS Ashwani Kumar - 2024 4 Supreme 399.
Indian courts have invoked this maxim in diverse scenarios. Here are pivotal cases:
The Supreme Court articulated: The concept of restitution is a remedy against unjust enrichment or unjust benefit. The core of the concept lies in the conscience of the court, which prevents a party from retaining money or some benefit derived from another, which it has received by way of an erroneous decree of the court. This highlights vigilance against benefits from misconduct.
The Court prevented exploitation of delays, stating no man shall take advantage of his own wrong—meaning no man can take advantage of his own wrong.
Here, the Court ruled that the party at fault cannot be permitted to set up the bar of non-compliance, denying benefits from self-induced delays.
A party was barred from gaining from breaching an interim order: a party to the litigation cannot be allowed to take an unfair advantage by committing breach of an interim order and escape the consequences thereof.
The principle was applied to illegal constructions: on principle that those who defy a prohibition ought not to be able to claim that the fruits of their defiance are good, and not tainted by the illegality that produced them.
Additional rulings reinforce this:- In A. Shanmugam vs. Ariya Kshatriya Rajakula Vamsathu Madalaya Nandhavana Paripalanai SangamFaizabad-Ayodhya Development Authority VS Rajesh Kumar Pandey - 2022 6 Supreme 6, courts' restitution powers were affirmed: The jurisdiction to make restitution is inherent in every court and will be exercised whenever the justice of the case demands.- Padmawati vs. Harijan Sewak SanghFaizabad-Ayodhya Development Authority VS Rajesh Kumar Pandey - 2022 6 Supreme 6 noted: a wrongdoer or in the present context, a litigant who takes his chances, cannot be permitted to gain by delaying tactics.
The principle extends beyond general litigation:
Courts must check jurisdiction to prevent manipulation: Such an exercise would not only prevent injustice but will also take care of a party taking advantage of its own wrong. It has to apply the principle of nullus commodum capere potest de injuria sua propria (no man can take advantage of his own wrong) in order to prevent any miscarriage of justice. In Wakf Act disputes, retrospective amendments were applied to avoid undue benefits.
It is settled principle of law that a man cannot be permitted to take undue and unfair advantage of his own wrong to gain favourable interpretation of law. Courts assessed conduct holistically, denying relief to fraudulent parties.
In possession suits, It is settled principle of law that no one can take advantage of his own wrong. Unless courts disgorge all benefits that a party availed by obstruction or delays or non-compliance, there will always be incentive for non-compliance. Tenants holding over without consent were denied extensions.
The same quote on disgorging benefits applied, dismissing petitions where delays incentivized non-compliance.
It is settled principle of law that no one can be permitted to take advantage of his own wrong. Desertion claims failed without reconciliation efforts.
No wrong doer ought to be permitted to take any profit out of his own wrong. Employers' delays did not prejudice workmen.
Other high court rulings echo this: It is settled principle of law that a man cannot be permitted to take undue advantage of his own wrongSRI PRAKASH MUNDA vs BHARAT SANCHAR NIGAM LIMITED THROUGH ITS GENERAL MANAGER AND ANRKAMAL DEV KALIA vs STATE OF PUNJAB AND OTHERS - 2023 Supreme(Online)(P&H) 7862INDORE DEVELOPMENT AUTHORITY vs SHAILENDRA (DEAD) THROUGH ITS LRS. AND ORS. - 2018 Supreme(Online)(SC) 537.
Judges wield inherent jurisdiction to neutralize advantages from abuse. In environmental violations Indian Council for Enviro-Legal Action VS Union of India - 2011 5 Supreme 227, any undeserved or unfair advantage gained by a party invoking jurisdiction of court must be neutralized. Land acquisition cases Haryana Financial Corporation VS Rajesh Gupta - 2009 8 Supreme 209 similarly deny benefits from wrongful conduct.
This ensures he who prevents a thing from being done shall not avail himself of the non-performance he has occasionedKAMAL DEV KALIA vs STATE OF PUNJAB AND OTHERS - 2023 Supreme(Online)(P&H) 7862.
In summary, Indian courts robustly uphold that no party can profit from its own wrong, promoting equity and deterring misconduct. References like Mekha Ram VS State of Rajasthan - 2022 4 Supreme 347Additional General Manager/Human Resource Bharat Heavy Electricals LTD. VS Suresh Ramkrishna Burde - 2007 5 Supreme 174Binod Pathak VS Shankar Choudhary - 2025 6 Supreme 181 consistently affirm this.
This article is for informational purposes only and does not constitute legal advice. Laws evolve, and outcomes depend on specific facts. Seek professional counsel.
#OwnWrongPrinciple, #IndianJurisprudence, #LegalMaxims
It is settled principle of law that a man cannot be permitted to take undue and unfair advantage of his own wrong to gain favourable interpretation of law. It is sound principle that he who prevents a thing from being done shall not avail himself of the non-performance he has occasioned. ... It is a settled law that he who prevents a thing from being done shall not avail himself of the non-perform....
It is settled principle of law that a man cannot be permitted to take undue and unfair advantage of his own wrong to gain favourable interpretation of law. It is sound principle that he who prevents a thing from being done shall not avail himself of the non-performance he has occasioned. ... MANU/SC/0357/1961 : [1962] 1 SCR 290, wherein it was held by this Court that where an obligation is cast on a party and he co....
It is settled principle of law that a man cannot be permitted to take can take undue advantage of his own wrong). ... to take undue and unfair advantage of their own wrong to give favourable interpretation of law. ... It is settled principle of law that the authorities cannot neglect to do which the law#HL_EN....
Thus, the principle that no party can take advantage of his/her own wrong i.e. ... It is settled principle of law that a man cannot be permitted to take undue and unfair advantage of his own wrong to gain favourable interpretation of law. It is sound principle that he who prevents a thing from being done shall not avail himself of the non-perfo....
It is settled principle of law that a man cannot be permitted to take undue and unfair advantage of his own wrong to gain favourable interpretation of law. ... It is a settled law that he who prevents a thing from being done shall not avail himself of the non-performance he has occasioned. A wrong doer ought not to be permitted to make a profit out of his own #HL_START....
Such an exercise would not only prevent injustice but will also take care of a party taking advantage of its own wrong. It has to apply the principle of nullus commodum capere potest de injuria sua propria (no man can take advantage of his own wrong) in order to prevent any miscarriage of justice. ... The maxim nullus commodum capere potest de injuria sua propria has a clear mandate of law that, a person who by manipulation of a pro....
It is settled principle of law that a man cannot be permitted to take undue and unfair advantage of his own wrong to gain favourable interpretation of law. It is sound principle that he who prevents a thing from being done shall not avail himself of the non-performance he has occasioned. ... The same is founded in the principle of law contained in the legal maxim which reads as under: "commodum e....
It is settled principle of law that a man cannot be permitted to take undue and unfair advantage of his own wrong to gain favourable interpretation of law. It is sound principle that he who prevents a thing from being done shall not avail himself of the non-performance he has occasioned. ... This is based on the Latin maxim commodum ex injuria sua nemo habere debet (no party can take undue #HL_STA....
It is a settled proposition that one cannot be permitted to take advantage of his own wrong. The doctrine commodum ex injuria sua nemo habere debet means convenience cannot accrue to a party from his own wrong. No person ought to have advantage of his own wrong. A litigant may be right or wrong. ... It is settled principle of law that a man cannot be p....
It is basic principle that when a party is disabled to perform a duty and it is not possible for him to perform a duty, is a good excuse. It is a settled proposition that one cannot be permitted to take advantage of his own wrong. ... It is also settled that a party cannot be allowed to take benefit of his own wrong as ‘commodum ex injuria sua nemo habere debet’ i.e. convenience cannot accrue to a....
It is settled principle of law that no one can take advantage of his own wrong. Unless courts disgorge all benefits that a party availed by obstruction or delays or non-compliance, there will always be incentive for non- compliance, and parties are ingenious enough to come up with all kinds of pleas and other tactics to achieve their end because they know that in the end the benefit will remain with them."
It is settled principle of law that no one can be permitted to take advantage of his own wrong. The lower Court has granted the decree of divorce to the respondent on the ground that without any reason the appellant had refused to stay in the company of the respondent but the facts apparent on the record are absolutely contrary. The respondent has failed to establish that any bonafide attempt had been made by the respondent or his family members to bring about reconciliation and to resume re-union, rather vague allegations of adultery have been levelled against the appellan....
It is settled principle of law that no party can take undue advantage out of his own wrong. 8. Learned senior counsel while putting reliance on the judgment of Hon‘ble Supreme Court in the case of Kushehwar Prasad Singh Vs. State of Bihar and Others reported in (2007) 11 SCC 447 submits that the petitioner-Management failed to discharge its legal duties on time for which workman cannot be put to any prejudice. No wrong doer ought to be permitted to take any profit out of his own wrong.
Unless courts disgorge all benefits that a party availed by obstruction or delays or non-compliance, there will always be incentive for non compliance, and parties are ingenious enough to come up with all kinds of pleas and other tactics to achieve their end because they know that in the end the benefit will remain with them. It is settled principle of law that no one can take advantage of his own wrong.
Unless courts disgorge all benefits that a party availed by obstruction or delays or noncompliance, there will always be incentive for non-compliance, and parties are ingenious enough to come up with all kinds of pleas and other tactics to achieve their end because they know that in the end the benefit will remain with them. It is settled principle of law that no one can take advantage of his own wrong.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
