Judgment Search Results Home > Cases Phrase: mala in se Page 5 of about 273,341 results (0.014 seconds)

Bibekananda Das Vs. State of Assam and ors.

Court : Guwahati

..... namely, gs lamba (supra), jc yadav (supra), bachan singh (supra), ashok kumar sharma (supra) and narendra chadha (supra), there was any finding that the appointments in relaxation of the rules were arbitrary and/or mala fide and in none of these cases, it was found that the entire recruitment rules was thrown to the wind, while making the appointments and/or that the appointments were in colourable exercise of powers.143. ..... purpose of appreciating the controversy involved in this batch of writ petitions with regard to the manner in which the recruitment of the special batch was made and whether the recruitment suffered from arbitrariness and mala fide, it is pertinent to take note of the observations of the learned tribunal made on the basis of perusal of the relevant records, which are, undoubtedly, startling. ..... court on having come to learn, after passing of the impugned judgment and order by the learned tribunal, that the appointments of the members of the special batch were entirely de hors the relevant rules and mala fide, it cannot be said that there was any laches or negligence on the part of the writ petitioner in approaching this court. ..... the special batch had participated in the earlier selection meant for the direct batch and had failed and, instead of being selected through proper recruitment process, they came to be selected and appointed arbitrarily, mala fide and in colourable exercise of powers by rendering the relevant provisions of the recruitment rules non est.173. .....

Senairam Doongarmal Agency (P.) Ltd. and Others Vs. K.E. Johnson and O ...

Court : Guwahati

..... is unconstitutional, illegal and ultra vires, and that the provisions of section 37(2) of the act itself is unconstitutional and illegal, and that the action of the authorities, apart from being high-handed, was clearly mala fide and caused serious hardship and loss to the petitioners.it is thus clear that what is attacked in all these civil rules, inter alia, is the vires and the constitutionality of section 37(2) of the act. ..... . lastly, it is urged that in view of the facts set out in the affidavit, the search and seizure of the books and the entire operation were mala fide and colourable exercise of powers under the act.the warrant of authorization issued by the commissioner of income-tax to the additional income-tax officer, dibrugarh, is as follows :"whereas information has been laid before me ..... . paul made no effective reply, except stating that the conduct of the officers was entirely bona fide and free from any bias or mala fides.on a careful consideration of the contentions of the parties, i am satisfied that the search of various premises and the indiscriminate seizure of the documents, books valuable securities, papers, correspondence ..... to the purposes of the act, but due to considerations which are extraneous to the purposes of the act, or if an act is done in a manner which no reasonable body of persons under these circumstances could have done, the act is a mala fide exercise of the powers, and it can be set aside by this court under article 226 of the constitution .....

Andrew Banrilang Umdor Vs. State of Meghalaya and ors.

Court : Guwahati

..... (1989) 2 slr 328 a decision relied on by the learned counsel for the petitioner in support of his case, it has been held by the bombay high court that a transfer is mala fide when it is made not for pro fessed purpose, such as in normal course or in public or administrative interest or in exigencies of service but for other purpose, that is to accommodate another person for undisclosed reasons ..... as already narrated above, the material facts pleaded by the petitioner in support of the plea of mala fide are that the petitioner has been transferred out of the place of his posting before completion of fixed tenure of three years against the professed policy of transfer ..... sharma : 1991crilj1438 as follows:it is well-settled law that the person against whom mala fide or bias was imputed should be impleaded to nominee as a party respondent to the proceedings and given an opportunity to meet those allegations ..... it has further been held that in an appropriate case, reasonable inference can be drawn about mala fide action from the pleadings and antecedents, facts and circumstances.11. ..... it was his contention that the impugned order of transfer was mala fide as it was not supported by any valid reasons which would show that the order was made in public interest or for exigencies of public ..... the power of transferring an officer cannot be wielded arbitrarily, mala fide or any exercise against efficient ad independent officer or at the instance of politicians whose work is not done by the officer .....

Shri Pratapsing Raojirao Rane and Others Vs. the Governor of Goa and O ...

Court : Mumbai

Reported in : AIR1999Bom53; 1999(1)BomCR574; (1998)3BOMLR173

..... proviso to article 361 enables the institution of proceedings against the appropriate government; that order of the governor falling under article 361(1) will be open to judicial review not only on the grounds of mala fides, but on grounds of ultra vires or unconstitutionality the immunity cannot operate to close the doors to judicial review and even if the constitutional functionary mentioned in article 361 is not answerable to court even on grounds ..... lost confidence of the house; that the governor could not have prorogued the house, except on the advice of the chief minister/council of ministers and in proroguing the house he acted mala fide and without jurisdiction; that even though the petitioner was given hardly 1 1/2 hours time to seek vote of confidence on the floor of the house, respondent no. ..... inspite of the fact that the chief minister had been successful in getting vote of confidence in the assembly, yet the governor acted with mala fides and dismissed the petitioner and the writ petition is maintainable on the basis of alleged mala fides which has vitiated the order of dismissal of the petitioner and the said dismissal is null and void ab initio. ..... out by learned senior counsel that the prorogation of the assembly while it was in session without the advice of the council of ministers headed by the petitioner, is a clear instance of mala fides on the part of the governor which method was adopted solely with a view to dismiss the petitioner and to install respondent no. .....

The Municipal Corporation Vs. Lala Pancham

Court : Mumbai

Reported in : (1965)67BOMLR782

..... on record which, if unexplained,support in a large measure the contention of the plaintiffs that defendants 2, 3 and 4 obtained an order by fraud and also that the order was mala fide.after referring to some of these documents they observed:though therefore no evidence is led on the question of mala fides or fraud committed upon them, it prima facie leads to such an inference, and it would not be proper to decide the question without requiring further evidence.this observations ..... the only documents to which the high court has referred to in its judgment as supporting the plaintiffs' allegations of fraud and mala fides are the1 letter dated september 3, 1959, which the city engineer wrote to the tenants' association and the letter dated september 11, 1959 which the commissioner wrote to the improvements ..... and after this formality is over, the case to be on the board for final hearing for taking evidence on the issue of mala fide and the issues that arise on the amended pleadings between the parties...this clearly shows that what the high court has in substance done is to order a fresh ..... while, therefore, it is true that the plaintiffs have characterised the action of the corporation as 'mala fide' the grounds upon which the action is characterised as mala fide appear to be (a) the unconstitutionally of the provisions of sections 354r and 354ra and (b) failure of the corporation to give an opportunity to the plaintiffs to satisfy its officers that the premises did not require to be .....

Shah Hyder Beig and Others Vs. the State of Maharashtra and Others

Court : Mumbai

Reported in : 1999(4)BomCR146

..... is submitted that the acts of commissions and omissions on the part of the respondents are encircled by a firm ring of mala fide intention and colorable exercise of powers and is clearly violative of articles 19 and 21 of the constitution of india. ..... it is submitted that the petitioners have every right to claim the property back which is with mala fide intention and in colorable exercise of powers has been acquired by the respondents even though there existed no public purpose at all and as such award is liable to be ..... it is, therefore, denied that the action was taken with mala fide intention or with a view to harass the father of the ..... this case, the totality of the circumstances as hereinabove set-out especially when they are not controverted, leads to only one conclusion that legal mala fides are established by the petitioners in this case.33. ..... we may observe that when a party alleges mala fides and challenges an action on that ground and arbitrariness heavy burden lies on it to establish its claim, it requires tangible evidence and mere assertions do not carry any ..... municipal council passed a resolution in 1979 which further discloses their mala fide intention in initiating the acquisition proceedings. ..... learned counsel for the petitioners, is that the acquisition proceedings were actuated by mala fide right from the beginning i.e. ..... that way of the matter it is submitted that the acquisition of the petitioners' property was resorted to with mala fide intention and the respondent no. .....

Standard Chartered Bank Ltd. Vs. Grindlays Bank Employees Union and an ...

Court : Mumbai

Reported in : [2003(97)FLR760]; (2003)IILLJ512Bom

..... it also appears to have considered the documents on which the parties have relied upon and after considering the entire material placed on record found that the transfer of the award employees is mala fide exercise of power or it was made for ulterior purpose, like making them to sit idle and to suffer mental stress besides being humiliated and quit the job by accepting vrs. ..... while examining the contentions advanced by the learned counsel for the petitioner, it will have to be borne in mind that if the tribunal has elaborately examined the oral evidence to reach a conclusion that the transfers arc mala fide, it would not be possible to reappreciate the said evidence in the writ petition under article 226 of the constitution unless the finding is perverse. ..... i have no manner of doubt that the petitioner bank has used the weapon of transfer with ulterior motive and it was mala fide exercise of power with the sole object of giving work of permanent employees to the contractors and to make the permanent employees sit idle in so-called rmc/amer department and drive them to quit their jobs by ..... workmen who do not opt for the exit schemes have been shunted to rmc and compelled to accept exit schemes announced by the bank in the year 2001 and that the transfer to rmc is abnormal and mala fide intended to achieve ulterior objectives of the bank and that he has been falsely charge-sheeted. .....

Press Trust of India Ltd. and anr. Vs. Press Trust of India Employees ...

Court : Mumbai

Reported in : 2003(1)BomCR567; (2003)1BOMLR109; [2003(96)FLR565]; (2003)ILLJ709Bom; 2002(4)MhLj653

..... the judgment, which reads as under :--'after considering the respective contentions of the parties, it appears to us that the appellant has not been able to substantiate that the impugned order of transfer was passed mala fide against him for an oblique purpose and/or for wrecking vengeance against him because the respondent no. 2 was anxious to get rid of him and he seized the opportunity of transferring him from delhi to ..... , : (1986)iillj516sc in the matter of transfer order of government employees the apex court observed as under:-- 'however, a transfer order which is mala fide and not made in public interest but made for collateral purpose, with oblique motives and in colourable exercise of power is vitiated by abuse of power and is open to challenge ..... the observations in the case of shivaji more (supra) must be restricted to the facts of that case and cannot be generally applied when the transfer is challenged on the ground of mala fide and/or arbitrariness or as amounting to be an act of unfair labour practice or contrary to rules and guidelines for transfer. ..... also followed the observations of the supreme court and has held that where the action is challenged as mala fide or colourable exercise of power or being arbitrary or unfair labour practice, a complaint would be ..... , as long as the transfer order is not shown to be contrary to the applicant's service rules or mala fides, it is permissible for the industrial court to interfere under item 3 of schedule iv of the m.r.t.u .....

Sahebrao D. Labde Vs. Jaising Shivaji Patil and ors.

Court : Mumbai

Reported in : 2003(2)BomCR614; 2003(1)MhLj358

..... the tribunal by the order impugned before us held that the action taken by the authorities was mala fide and an order of transfer was passed against the petitioner without any justification whatsoever. ..... in any case, the order was passed by the competent authority and when the competent authority had filed an affidavit controverting and denying the allegations of mala fide, the tribunal was in error in basing its decision on mala fide exercise of power and the order deserves to be set aside.17. ..... a bald assertion that the order was passed mala fide or with a view to punish the petitioner or to favour another person cannot be said to be adequate proof. ..... but it was observed that the action was mala fide and had been taken in colourable exercise of power. ..... as per settled law, submitted the counsel, transfer is an incident of service and unless an action is contrary to statutory provisions or arbitrary or mala fide, the tribunal has no jurisdiction to interfere with it. ..... transferability was a service condition and unless the order was arbitrary or mala fide, no exception could be taken against such an order. ..... 3473 of 2002 is well founded that the tribunal ought not to have taken into consideration the so-called mala fide on the part of the deputy mayor. ..... the action was mala fide and had been taken in colourable exercise of power as the petitioner did not oblige any person out of way and was exercising his powers and discharging his duties strictly in accordance with law. .....

Dr. Sr. Y. Philomena, Principal and Correspondent, St. Ann's College f ...

Court : Andhra Pradesh

Reported in : 1994(2)ALT665

..... grounds both regarding the competence of the authority which passed them and initiated them and on the ground of malice /mala fides and since they involve common questions of law and facts, they will be considered and disposed of together with common ..... the complainant which filed the complaint had no jurisdiction to take such a decision or to initiate criminal proceedings and since such an action is found to be vitiated by mala fides, this court is justified in exercising the powers under article 226 of the constitution of india to quash the criminal proceedings. ..... is easy to conclude that all the events leading to the impugned order of suspension and the initiation of the impugned criminal proceedings were for no other reason than the malice or the mala fides on the part of respondents 7,10 and her associates as against the petitioner in addition to loads of bias emanating therefrom against her. ..... (7) when the criminal proceedings against the petitioner have been assailed on the ground of malice and mala fides by the contesting respondents in order to wreak vengeance against the petitioner, it was necessary for the court, in the writ petition to decide the same in the background of the facts and circumstances ..... , relying on number of precedents, it was held that an order of transfer will be vitiated if it is made in colourable or mala fide exercise of power, if it is arbitrary, if it is made not by a competent authority in bona fide exercise of power and made for settling scores and .....