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In Pari Delicto Potior Est Conditio Defendentis

Principles of Natural Justice & Equity

Definition

"In equal fault, the condition of the defendant is the stronger." A doctrine of equity and contract law establishing that where two parties are equally complicit in an illegal or fraudulent scheme, the court will not assist either party, leaving the loss where it falls.

Example

In Immani Appa Rao v. Gollapalli Ramalingam, the Supreme Court held that where a transferor executed a fictitious, fraudulent conveyance to shield property from legitimate creditors with the active collusion of the transferee, the court would not assist the transferor in recovering the property because both were in pari delicto.