Acting Honestly - Definition - Law Dictionary Home Dictionary Definition acting-honestly

Definition :

Acting honestly, an authority is not acting honestly where an authority has a suspicion that there is something wrong and does not make further enquiries. Being aware of possible harm to others, and acting in spite thereof, is acting with reckless disregard of consequences. It is worse than negligence, for negligent action is that, the consequences of which, the law presumes to be present in the mind of the negligent person, whether actually it was there or not. This legal presumption is drawn through the well-known hypothetical reasonable man. Reckless disregard of consequences and mala fides stand equal, where the actual state of mind of the actor is relevant, Municipality of Bhiwandi and Nerampur v. Kailash Sizing Works, (1975) 2 SCC 596: AIR 1975 SC 529 (531).