Mala fides - Indian Laws - General

Mala fides Mala fides means want of good faith, personal bias, grudge, oblique or improper motive or ulterior purpose. The administrative action must be said to be done in good faith, if it is in fact done honestly, whether it is done negligently or not. An act done honestly is deemed to have been done in good faith. An administrative authority must, therefore, act in a bona fide manner and should never act for an improper motive or ulterior purposes or contrary to the requirements of the statute, or the basis of the circumstances contemplated by law, or improperly exercised discretion to achieve some ulterior purpose. The determination of a plea of mala fide involves two questions, namely (i) whether there is a personal bias or an oblique motive, and (ii) whether the administrative action is contrary to the objects, requirements and conditions of a valid exercise of administrative power. The action taken must, therefore, be proved to have been made mala fide for such considerations. Mere assertion or a vague or bald statement is not sufficient. It must be demonstrated either by admitted or proved facts and circumstances obtainable in a given case. If it is established that the action has been taken mala fide for any such considerations or by fraud on power or colourable exercise of power, it cannot be allowed to stand. STATE OF BIHAR ETC. ETC VERSUS PP. SHARMA, IAS AND ANR - 1991 (4) TMI 365 - SUPREME COURT In State of AP Ors. v. Goverdhanlal Pitti - 2003 (3) TMI 737 - SUPREME COURT , where the difference between malice in fact and malice in law was summed up in the following words: The legal meaning of malice is ill-will or spite towards a party and any indirect or improper motive in taking an action . This is sometimes described as malice in fact . Legal malice or malice in law means something done without lawful excuse . In other words, it is an act done wrongfully and wilfully without reasonable or probable cause, and not necessarily an act done from ill feeling and spite . It is a deliberate act in disregard of the rights of others . [See Words and Phrases legally defined in Third Edition, London Butterworths 1989]. Where malice is attributed to the State, it can never be a case of personal ill-will or spite on the part of the State. If at all, it is malice in legal sense, it can be described as an act which is taken with a oblique or indirect object... RATNAGIRI GAS POWER PVT. LTD. VERSUS RDS PROJECTS LTD. ORS. - 2012 (10) TMI 594 - SUPREME COURT