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...interpreting the Constitution neither motives nor bad faith nor abuse of power be presumed unless in an individual case it is assailed and arises for consideration on that premise. Section 114, Ill. (e) of the Evidence Act ...faith or abuse of powers cannot be presumed — Evidence Act, 1872, S. 114, Ill. (e)Per K. Ramaswamy, J.In...accordance with the procedure established by R.P Act (Per K. Ramaswamy, J.) — Election(Para 244)AE...
...he caused the respondent to be arrested. It is contended before us that the embezzlement was an act of bad faith within the meaning of clause (d) of section 351 of the Civil Procedure.... Behari Lal(1). In that case it was held that the words, “any other act of bad faith mentioned in clause (d) mean any act of bad faith, not before mentioned in section 351, which bears d...bad faith by which he had incurred a then subsisting liability to any of his creditors.” As the liability in respect of which the appellant got his decree against the respondent was a liability which arose out of an act of...
...fraudulently transferred or removed property or committed any other act of bad faith.” It is obvious that the “other act of bad faith,” to be within that section, must have been committed by the d..., however, that the other act of bad faith mentioned in cl. (d) of s. 351 must be an act of bad faith in or during the pendency of the application to be declared an insolvent. In our opinion there...bad faith regarding the matter of the application” in cl. (d) could not be construed as cjusdem generis with the words in clauses (b) and (c). It appears to us that “any other act of...
...removed any part of his property, or committed any other act of bad faith in relation to his property, or(b) that the judgment-debtor has, or has had...means to pay he cannot be arrested and detained. If he has and still refuses or neglects to honour his obligation or if he commits acts of bad faith, he incurs the liability to imprisonment under Section...affluence and current indigence without intervening dishonesty or bad faith in liquidating his liability can be consistent with Article 11 of the Covenant, because then no detention is permissible under...
...of payment at the time fixed or on the discovery taking place within the stipulated period of any act of bad faith then the creditor would be entitled to recover his money, principal and interest in any way by filing a suit...deed there was a recital that this property was free from all encumbrances. One fact of bad faith which might become apparent during the period stipulated would be the fact that there had been some previous incumbrances which the mo...bad faith which the parties had in contemplation was not the mere default in the payment of annual interest A person who fails to...
...end design. There is a distinction between exercise of power in good faith and misuse in bad faith. The former arises when an authority misuses its power in breach of law, say, by taking into account bona fide, and with bes...misuse in bad faith arises when the power is exercised for an improper motive, say, to satisfy a private or personal grudge or for wreaking vengeance of a Minister as in...in bad faith or from corrupt motives, and any action purporting to be of that body, but proved to be committed in bad faith or from corrupt motives, would certainly be held to be inoperative...
...on for the petitioner, but there the omission was held to be not an act of bad faith, and related to trifling movable properties-a couple of trunks and an almyrah. The earlier case in Durga...take stock of the fact that the utmost bona fides is required of the petitioner in the matter of the disclosure of his or her assets and that any intentional departure from good faith, whatever the...
...any act of bad faith in drawing up the schedule of liabilities he can be suitably dealt with at a later stage by the District Judge under the provisions of the Insolvency Act. We allow this appeal set...
.... Fraud on power voids the order if it is not exercised bona fide for the end design. There is a distinction between exercise of power in good faith and misuse in bad faith. The former arises when an authority misuses its p...act in bad faith or from corrupt motives, and any action purporting to be of that body, but proved to be committed in bad faith or from corrupt motives, would certainly be held to be inoperative...ultra vires. It would be a case of fraud on powers. The misuse in bad faith arises when the power is exercised for an improper motive, say to satisfy a private of personal grudge or for...
...power?2. Is the acquisition proceeding in the instant case bad for bad faith?3. Where, in the setting of Section 17 of the ...appearing for the State, struck a refreshing note of forensic propriety in dissociating himself from supporting State action if there be any, which, in the court's view was smeared with bad faith and...purpose is corrupt the resultant act is bad. If considerations, foreign to the scope of the power or extraneous to the statute, enter the verdict or impel the action, mala fides or fraud on power...
.... East Flloe Rural District Cormical (1956) AC 736 that the validity of the orders under the Defence of India Rules, 1962 cannot be challenged on the ground of bad faith when the action is otherwise proper....was made and confirmed wrongfully and in bad faith on the part of the clerk. Para 16 of that Act provided:“Subject to the provisions of the last foregoing...power, acts from some improper or ulterior motive, he acts in bad faith. The action of the authority is capable of being viewed in two ways. Where power is misused but there is good faith the act is...
...concealment or transfer of his property, or a portion of it, and committed an act of bad faith by making a hypothecation which he has referred to in his affidavit. He has stated in evidence that he...
...removed any part of his property, or committed any other act of bad faith in relation to his property. The second is proviso (b), namely, that I have to be satisfied, that the judgment-debtor has, or...alimony, I am certainly of opinion that his consent to the decree, at the time and in the circumstances, was an act of bad faith as against his wife. He had also after the date of the divorce petition...explanation which was not supported by any evidence at all. I am of opinion that was clearly an act of bad faith.6. Coming to proviso (b), no doubt in a case of this sort one is in a...
....23. Doubtless, he who seeks to invalidate or nullify any act or order must establish the charge of bad faith, an abuse or a misuse by the authority of its powers. While the indirect...it has been forbidden to do, nor must it do what it has not been authorized to do. It must act in good faith, must have regard to all relevant considerations and must not be influenced by irrelevant...powers of the authority. … In another, it is taking into consideration extraneous matters. It is unreasonable that it might almost be described as being done in bad faith; and in fact, all these things run...
...execution of the decree. By this device he is concealing his property and committing an act of bad faith in relation to his property. The judgment-debtor has the means to pay the decretal amount but...been argued on behalf of the judgment-debtor that he has no means to pay the amount of the decree and he has not committed any act of bad faith. It is said that the findings of the executing Court are...is element of bad faith in his conduct. If he has the means to pay and still he refuses or neglects to honour his obligation under the decree, he becomes liable to imprisonment under...
...similar acts of bad faith. They observed as follows:—“We wish to clearly express our opinion that the learned Judge was clearly wrong in granting the petition of Nathu Mal and declaring him an insolvent. Section 15...his property with intent to defraud his creditors and had not recklessly contracted debts or given an unfair preference to any of his creditors and had not committed any other act of bad faith regarding the matter of the ap...has become insolvent through no fault of his own or has been guilty of no act of bad faith. The object of the Legislature seems to have been to make it easier than before for a debtor or creditor to...
...misuse in bad faith. The former arises when an authority misuses its power in breach of law, say, by taking into account bona fide, and with best of intentions, some extraneous matters or by ignoring relevant matters. That would ren...)‘… no public body can be regarded as having statutory authority to act in bad faith or from corrupt motives, and any action purporting to be that of the body, but...proceeded may not have been bad.***23. An act of fraud on court is always viewed seriously. A collusion or...
..., after the institution of the suit in which the decree was passed, he has dishonestly transferred, concealed or removed any part of his property, or committed any other act of bad faith in relation to...
...in bad faith unless it is demonstrated by positive material in particular that the act was tainted by personal motives and was not connected with the discharge of any official duty. Thus, an act which...the charge-sheet for considering the fact as to whether the officials had committed the act in good faith in discharge of their official duty; otherwise the act of such officials was illegal or...aggrieved to file a suit, prosecution, etc. in respect of anything done or purported to be done by an army personnel, in good faith, in exercise of power conferred by the Act, except with the previous...
...fraudulent transfers of his property to defeat or delay his creditors or committed any act of bad faith. The insolvent's assets, as is conceded, are not of a value equal to eight annas in the rupee...provisions of the Insolvency Act. The order of adjudication was made on the 12th September 1932 and the period fixed within which the insolvent was to apply for his discharge, was six months from that date...