Malfeasance, Misfeasance or Non-feasance - Indian Laws - General

Malfeasance, Misfeasance or Non-feasance In Black s Law Dictionary the meaning of each of these expressions is explained as under: Malfeasance. - Evil doing; ill conduct. The commission of some act which is positively unlawful; the doing of an act which is wholly wrongful and unlawful; the doing of an act which person ought not to do at all or the unjust performance of some act which the party had no right or which he had contracted not to do. Comprehensive term including any wrongful conduct that affects, interrupts or interferes with the performance of official duties. Misfeasance.- The improper performance of some act which a man may lawfully do. Non-feasance.- Non-performance of some act which ought to be performed, omission to perform a required duty at all, or total neglect of duty. Stroud defines it as under: Misfeasance. - There is no such distinct wrongful act known to the law as misfeasance. Non-feasance. - The decisions as to nonfeasance cannot be invoked to excuse a highway authority from liability for nuisance caused by a defective stud brought on to the highway, not for the purposes of the highway, but for purposes of traffic regulation under the Road Traffic Acts. JAY LAXMI SALT WORDS (P) LTD VERSUS STATE OF GUJARAT - 1994 (5) TMI 267 - SUPREME COURT