Acting Honestly - Law Dictionary Search Results
Home Dictionary Name: acting honestly Page: 3good faith
good faith [translation of Latin bona fides] : honesty, fairness, and lawfulness of purpose : absence of any intent to defraud, act maliciously, or take unfair advantage [filed the suit in good faith] [negotiating in good faith] see also good faith exception, good faith purchaser compare bad faith NOTE: The meaning of good faith, though always based on honesty, may vary depending on the specific context in which it is used. A person is said to buy in good faith when he or she holds an honest belief in his or her right or title to the property and has no knowledge or reason to know of any defect in the title. In section 1-201 of the Uniform Commercial Code good faith is defined generally as “honesty in fact in the conduct or transaction concerned.” Article 2 of the U.C.C. says “good faith in the case of a merchant means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade.” Similarly, Article 3 on negotiable inst...
High public or political office
High public or political office, the term 'high public or political office' used in the Special Courts Act, 1979 contemplates only a special class of officers or politicians who may be categorised as follows:(1) officials wielding extraordinary powers entitling them to take major policy decisions and holding positions of trust and answerable and accountable for their wrongs;(2) persons responsible for giving to the state a clean, stable and honest administration;(3) persons occupying a very elevated status in whose hands lies the destiny of the nation, State (Delhi Administration) v. V.C. Shukla, AIR 1980 SC 1382 (1411): (1980) Supp SCC 249: (1980) 3 SCR 500. (Special Courts Act, 1979, Preamble)...
Definite information
Definite information, the phrase 'definite informa-tion' cannot be construed in a universal sense and its meaning must'depend on and'vary with the circumstances of each case. The information must be definite, that is, more than mere guess, gossip or rumour. There must also be a causal connexion between the information and the discovery; but 'discovery' in the context of the, s. does not mean a conclusion of certainty at the stage of notice, What is necessary at that stage is that the Income-tax Officer should have formed an honest belief upon materials which reasonably support such belief, A.N. Lakshman Shenoy v. C.I.T., AIR 1958 SC 795 (802). [Income-tax Act, (11 of 1922), s. 34(1)]...
Equity
Equity [fr. 'quitas, Lat.] There is some confusion as to the meaning of Equity; as a scheme of jurispru-dence distinct from Law 'Equity' is an equivocal term; the difficulty lies in drawing the dividing lines between the several senses in which it is used. They may be distinguished thus:-(1) Taken broadly and philosophically, Equity means to do to all men as we would they should do unto us-by the Justinian Pandects, honeste vivere, alterum non l'dere, suum cuique tribuere. It is clear that human tribunals cannot cope with so wide a range or duties.(2) Taken in a less universal sense, Equity is used in contradistinction to strict law. This is Moral Equity, which should be the genius of every kind of human jurisprudence; since it expounds and limits the language of the positive laws, and construes them not according to their strict letter, but rather in their reasonable and benignant spirit.Aristotle, in his discussion concerning Moral Equity, Ethics Eud., b.v., c. x, calls it the correc...
Need
Need, denotes a certain degree of want with a thrust within demanding fulfilment, Shiv Sary Gupta v. Dr. Mahesh Chand Gupta, (1999) 6 SCC 222.Need, Landlord's desire for possession, however honest it might otherwise be, has inevitably a subjective element in it and that, that desire to become a 'requirement' in law must have the objective element of a 'need', Ram Dass v. Ishwar Chander, (1988) 3 SCC 131 AIR: 1988 SC 1422 (1424). [E.P. Urban Rent Restriction Act, 1949, s. 13(3) (a) (i) (a)]The word 'needs' suggests that there has to be a necessity for a decision by the Supreme Court on the question, and such a necessity can be said to exist when, for instance, two views are possible regarding the question and High Court takes one of the said views. Such a necessity can also be said to exist when a different view has been expressed by another High Court, State Bank of India v. N. Sundara Money, AIR 1976 SC 1111 (1112): (1976) 1 SCC 822: (1976) 3 SCR 160....
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