Mala Fides - Definition - Law Dictionary Home Dictionary Definition mala-fides

Definition :

Mala fides, bad faith; the opposite to bona fides, and opposit to good faith.

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, State of Bihar v. P.P. Sharma, 1992 Supp (1) SCC 222: AIR 1991 SC 1260 (1278).