...of allotment order, the structure was not a building as defined in the Act. But can the respondent be assisted by a court of law to take advantage of the mischief committed by him? The maxim “Null...liberal interpretation to prevent a wrongdoer from taking advantage of his own wrong.13. We, therefore, allow this appeal and set aside the judgment of the Allahabad...have necessarily been a roofed one on the date of allotment order?2. A summary of facts, out of which the said question has emerged, is given below...

...grievance because an order has been made which prejudicially affects his interest". On the contrary, this is an appeal by persons who are trying to take advantage of their own wrong. The maxim: "Nullus ...behalf, the maxim nullus commodum capere potest de injuria sua propria - meaning no man can take advantage of his own wrong - squarely stands in the way of avoidance by the respondent...a maxim of law, recognized and established, that no man shall take advantage of his own wrong; and this maxim, which is based on elementary principles, is fully recognized in courts of law and of...

...domain and control of the appellant and any delay in the matter of furnishing of the same cannot possibly be said to be putting a stop to the period of limitation being run —no one can ...granted was up to 17-3-1972 but that by itself will not take it out of the purview of Article 136 as regards the enforceability of the decree. Furnishing of stamp paper was an act entirely within the...a matter of fact, in the contextual facts, no stamp paper was filed until 26-3-1984 — does that mean and imply that the period of limitation as prescribed under Article 136 stands...

...permissible) was in fact not spent by the Hindu wife during the period of litigation. It would also amount to allowing the husband to take advantage of his own wrong. The maxim no ...of his own wrong comes into full play. The appellant in the first instance refuses to maintain his wife and provide her a shelter. He marries another woman and walks out of the respondent's life. He...her claim to maintenance on any of the seven eventualities provided in Clauses (a) to (g) of Sub-section (2) of Section 18. One of the justification provided in Clause (d...

...to take advantage of their own wrong in not communicating the death of the sole proprietor of the defendant to the appellant/decree holder/plaintiff and thereafter quietly taking objectio...advantage of his own wrong.7. In view of the above, execution....6. In my opinion, if in the facts of the case such as the present, a decree is allowed to be set aside, it would be allowing the legal heirs of the deceased sole proprietor of the defendant...

...justice and no one can take advantage of his own wrong. Hence the complaint be dismissed with special cost of Rs.10,000/-. In support of his claim, the complainant placed on reco...death of the insured on behalf of the insured and Ex.R-3 also shows the deposition of the premium in cash. All this shows the malafide intention and clear concealment of true and material facts and no ...material facts and has not come to the Forum with clean hands and cannot take advantage of his own wrongs. Hence the complaint be dismissed with special costs. Opposite parties however admitted that the...

... -:6:- building illegally. It is submitted that no one can take advantage of his own wrong. According to him, the...by the husband of the landlady. Therefore, it was submitted that the need lacks bona fide. 7. The principle that no man can take advantage of his own wrong, is a...land. By elaborating his argument, he submits that a need cannot be termed as 'bona fide' to take advantage of a wrong committed by constructing an illegal building. He further submits that the...

... -:6:- building illegally. It is submitted that no one can take advantage of his own wrong. According to him, the...by the husband of the landlady. Therefore, it was submitted that the need lacks bona fide. 7. The principle that no man can take advantage of his own wrong, is a...land. By elaborating his argument, he submits that a need cannot be termed as 'bona fide' to take advantage of a wrong committed by constructing an illegal building. He further submits that the...

...and was not denied joining by any of the authority. It is well settled that no one can take advantage of his own wrong. If the petitioner was not allowed to join at eith...at Bulandshahar or at Meerut and this fact has been said by the petitioner in para 7 and onwards in the writ petition but it has not been replied specifically that petitioner remained absent on her own..., Senior Superintendent of Police, Bulandshahar has not at all considered this aspect of the matter and in a wholly illegal manner, has passed the impugned order though for the fault of the respondent no. 4...

...period in which infact respondent no. 3 was in default. 33. As per the doctrine of "commodum ex inijuria sua nemo habere debet", it is settled law that no party can take...." 37. Hon'ble Supreme Court in the matter of Nirmala Anand vs. Advent Corporation (Pvt.) Ltd. And others8has held that the respondents cannot take ...a profit out of his own wrong". At p. 199 it is observed that "the rule applies to the extent of undoing the advantage gained where that can be done and not to the extent of taking away a...

...cannot be permitted to take advantage of their own wrongs. Reliance may be placed upon a judgment reported in (1999) 2 SCC 594 (M.K Shah Engineers & Contr...blamed for the injustice meted out to the petitioner. The impugned order clearly seeks to take advantage of this laches on the part of the respondents to their own benefit. The respondents clearly...writ application passed in pursuance of the order dated 17.1.97 in CWJC No. 397/96 preferred by the petitioner earlier.3. The impugned order seeks to deny the petitioner the relief for...

...the Courts below in the facts and circumstances of the case. No one can be permitted to take advantage of his own wrong.9. The petition has no fo...signatures; that earlier tenant Abdul Khaliq (respondent No. 2) on compromise with the landlord, had vacated the shop in the month of April, 2005 after accepting rupees one lac towards cost of fixtures and...furniture; that petitioner has paid rupees one lac, thirty thousands towards payment of fixtures and furniture to the landlord pursuant to agreement entered between them; that as rent for the month of...

... 3. In such circumstances, referring the legal maxim that no one can take advantage of his own wrong had dismissed...inspite of granting sufficient time, the learned counsel engaged by the petitioner has participated in the Court Boycott does not turned up to cross-examine the witness. 2/5...him the dismissal. This Court finds no sufficient reasons to interfere in the order passed by trial Court. 6, For the reasons stated above, this Criminal Original stands dismissed...

...& Anr. Vs. Yogeshbhai Ambalal Patel & Anr. AIR 2012 SC 3285 has held that no one can take advantage of his own wrong. Regarding recovery of...did not pay the stamp duty then he can not drive any benefit of his own fault. The Supreme Court in Bhartiya Seva Samaj Trust Tr. Pres...was not paid court was empowered to pass an order in terms of Section 33, Stamp Act. No one can be...

....17. No one can be permitted to take advantage of one's own wrong. The respondent-State of M.P cannot and could not have been heard to plead denial of..., an objection to the maintainability of the arbitration proceedings was taken up as a second thought and then given up followed by appointment of a new arbitrator in place of the previous one...place of the previous one.16. In CA No. 5962 of 1983, in the case of M/s Chabaldas & Sons also, the situation is more or less similar. The appellants had stated the...

...currency of the panel. Respondents cannot be permitted to take advantage of their own wrong. Reliance may be placed upon the judgment of the Apex court in the case ofM.K. ...to take advantage of his own wrong....It will be a travesty of justice if the appellants for the fault of the respondents are denied the right to have recourse to the remedy of...benefit of regularization. Respondents are clearly themselves to be blamed for the injustice meted out to the petitioner. The impugned denial seeks to take advantage of the lacuna on the part of the...

...and getting the sale deed in their favour. No one can take advantage of his own mistake or wrong. Moreover, the share of appellants vendor has to be determined and allotted in th...appellants purchased 13 cents from one Mrs.Saradhambal the second defendant in the suit in O.S.No.155 of 2014. After purchasing of the property, the appellants started putting up construction to run a school.... However, the same is objected by the respondents herein stating that an order of interim injunction is there in O.S.No.38 of 2010 filed by one Sarathambal and others namely defendants 2 to 6 in...

...as per settled proposition of law "No one can take advantage of his own wrong". It is pertinent to mention here that the OP no. 1 asked the complainant to submi.... 2. The opposite party no. 1 appeared in pursuance of notice and filed written statement pleading therein that the complainant has no cause of action to file the present complaint...OPs told the complainant to submit all the documents and the complainant submitted all the documents which were required by the OPs. Thereafter, the OPs made one pretext one to another and delayed...

...p. 195, it is further stated that "a wrong doer ought not to be permitted to make a profit out of his own wrong". At p. 199 it is observed that "the rule applies to the extent of undoing the ...unfair advantage of his own wrong to gain favourable interpretation of law. It is a sound principle that he who prevents a thing from being done shall not avail himself of the non.... 18. The situation at hand is squarely covered by the latin maxim 'nullus commodum capere potest de injuria sua propria', which means that no man can take advantage of his own ...