...cannot strike down a circular/Government Order or a policy merely because there is variation or contradiction. What is important is to know whether malafide vitiates or irrationality and extraneous factor...

...malafide and vitiates the entire proceedings.iv) To hold and declare that the report of the IO dated 29.07.2017 as communicated vide his letter dated 19.08.2017 (Annexure-A...

...contradiction. What is important is to know whether malafide vitiates or irrationality and extraneous factor fouls. The Court held as under:- 13...

...needs to be set aside or quashed on that ground alone. Malafide and fraud vitiates everything, thus contends learned counsel. Whereas we may agree with the contention raised by the learned counsel that...malafide vitiates everything, it will be very difficult to hold, on facts and circumstances of this case, that the action taken against the applicant is actuated on account of malafides. Number of...so on the fourth working day after joining the SSB is not only unfair to the applicant but also shows malafide abuse of power. Endorsement by Mr. J.K.Sinha was for extraneous considerations. While...

...and further he has deliberately, neglected or refused to pay the decreetal amount thereby establishing his malafide intention and the same vitiates the order so passed therein, in the considered opinion...

...Minister of the department has acted with malafide and, therefore, it vitiates the selection and appointment of the respondent No. 3 but in our view any plea of malafide cannot be entertained since the...person against whom the allegations are being made, that too by way of written argument, is not a party impleaded eonomine. With respect to the allegations of malafide the law is well settled that the...Court shall not entertain allegations of malafide unless the person against whom the allegations are made is impleaded and has an opportunity to reply the allegations made against him. Moreover even in...

...deliberately of his mother or of his own to the OPs in a malafide manner. It vitiates the contract of insurance, which is based on utmost good faith. We find that the voter's list remained unrebutted by the...

...selection vitiates. MALAFIDE/BIASNESS 99. One of the arguments advanced by the petitioners’ counsel is that entire selection process was held at the dictate minister of department and high officials to...(supra) held that malice means “spite” or “ill-will”. It is the question of fact and not meaningless jargon. It has proper connotation. There must be factual support of allegation of malafide and mere user...of word malafide would not be sufficed. Relevant portion from the judgment of Probodh Sagar (supra) is reproduced as under: “Mala fides have been alleged against the statutory Board (Punjab State...

...selection is illegal, arbitrary and suffers from corrupt practices adopted by the respondents. It is also submitted that the selection has been finalized in a hurried manner, which shows malafide...involvement of the respondent and vitiates the entire selection.6. Counter affidavit has been filed on behalf of Respondent No. 1 & 2, stating that one post of Messenger was advertised on...and the selections have been finalized very hurriedly, it shows that the entire selection is malafide and viti ated. It is also stated that the name of the petitioner was also declared in the list of...

...the office. The learned counsel wants this Court to construe this apprehension as malafides, which vitiates the proceedings. The ground of malafide has to be pleaded and proved and insofar as...

... department in a construction company which is impermissible. The respondents are going in a colourable exercise of power what cannot be done directly has been done indirectly which vitiates...the impugned order of transfer and action of respondents is malafide and the impugned order of transfer from the department whereas his lien is maintained to a construction department is vitiated...

...entailing civil consequences, was under an obligation to record specific findings with regard to absence of reasonable cause and existence of malafide intent. The failure to do so vitiates the impugned order...reasonable cause, either refused to furnish information, caused undue delay, or acted in a malafide manner. It has been further held that mere delay or inability to furnish certain information, particularly...Information Commission is under a statutory obligation to record a clear and reasoned finding with respect to the existence of malafide intent or lack of reasonable cause, and must also afford an effective...

...delay and prosecution has not explain the delay if vitiates entire prosecution version. The appellant has been falsely implicated in the present case due to malafide and ulterior motive for grab the...

...deprivation of the right conferred by Article 21 must be fair just and reasonable. Just as a malafide act has no existence in the eye of law, even so unreasonableness vitiates law and procedure alike...

...petitioner/plaintiff filed counter affidavit in I.A. No.239 of 2025 before the lower appellate Court asserting that the said application is filed with the malafide intention and in fraudulently manner.... And it is settled law that fraud vitiates and undermined every legal proceeding. Additionally, it is stated that the respondent No.1 herein filed three CRPs before the High Court vide CRP No.711 of...

...malafide intention attributable to the petitioner. 3. It is further submitted that upon filing of the first appeal, the First Appellate Authority, without...invoking penalty under Section 20(1) of the RTI Act is a clear finding of malafide denial of information or unreasonable delay without sufficient cause. In the present case, no such finding has been...sustained only upon a clear finding of malafide denial or unreasonable delay without sufficient cause. It is submitted that 5...

...has not gone into and the findings of the “Inquiry Committee” vitiates on account of malafide and bias.L. Because on the premises of the impugned reports is being prepared requires...

.... The said facts prima facie go to demonstrate the bias and malafide against the plaintiff and the same vitiates the entire departmental proceeding including the charges levelled against the petitioner...by Memorandum dated 13th January 2006, has preferred this writ petition praying for quashing the entire departmental proceeding including the charge sheet on the ground of bias and malafide and the...respondent No. 6 whose action is actuated with malafide. It has been stated that in the past three junior officers have been given promotion by superseding Page 2326 the petitioner on one plea or the...

...vitiates the order as a malafide act. Mahendra Kumar without having any options in the circumstances in which he was placed, as the grant of licence and running of the shop all depends upon the...

...an action of the respondents can be said to be above board. It is well settled principles of law that bias vitiates everything. Since the applicant's transfer is an outcome of bias and malafide, we...to note that it is the well settled principle of law that the Court/Tribunal should not interfere in the orders of transfer unless such transfer arises out of bias and malafide and/or r has been...in violation of any mandatory statutory Rule or on the ground of malafide. A Government servant holding a transferable post has no vested right to remain posted at one place or the other, he is liable...