Disregardful - Law Dictionary Search Results
Home Dictionary Name: disregardful Page: 2misconduct
misconduct : intentional or wanton wrongful but usually not criminal behavior: as a : deliberate or wanton violation of standards of conduct by a government official b : wrongful behavior (as adultery) by a spouse that leads to the dissolution of the marriage c : an attorney's violation of the standards set for professional conduct ;also : an attorney's and esp. a prosecutor's use of deceptive or reprehensible methods in presenting a case to a jury d : impermissible behavior by a juror (as communicating about the case with outsiders, witnesses, or others, reading or hearing news reports about the case, or independently introducing evidence to other jurors) e : an employee's deliberate or wanton disregard of an employer's interests or disregard or violation of the employer's standards or rules that is sufficient to justify a denial of unemployment compensation ...
Constructive notice
Constructive notice. The knowledge which is imputed to a party: (a) if he omits to make the usual and proper inquiry into the title of property which he has purchased; (b) if he omits to investigate some fact which has been brought to his notice suggesting the existence of such title or claim; (c) if he deliberately refrains from inquiry in order to avoid notice. See Halsbury, L.E., vol. 13, and the person affected with constructive notice takes, if at all, subject to the title or claim, whether he knew of it or not; for instance, a purchaser of land who is satisfied to take a shorter title than he could call for by statute is affected by notice of all trusts and equities of which he would have had notice if he had seen the full title. See Cox and Neve's Contract, (1891) 2 Ch 109; Patman v. Harland, (1881) 17 CD 353 illustrates the doctrine. It was there held that: (a) notice of a material document is notice of its contents, and (b) although the (English) Vendor and Purchaser Act, 1874...
Acting honestly
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)....
Flagrantly abused his position as member
Flagrantly abused his position as member, The clause 'flagrantly abused his position as member' means the doing of such act or acts by a member of a committee in disregard of his duty which would shock a reasonable mind. The nature of the 'abuse' before it could be termed as 'flagrant', must, in the circumstance be glaring, notorious, enormous, scandalous or wicked. Any alleged contravention of the provisions of the Punjab Municipal Act, 1911 Act cannot be categorised as 'flagrant abuse of power' by a member of the Committee, State of Punjab v. Bhajan Singh, AIR 2001 SC 1098: (2001) 3 SCC 565. [Punjab Municipal Act, 1911 (3 of 1911), ss. 16(1)(e) and 20]...
Falsus in uno, falsus in omnibus
Falsus in uno, falsus in omnibus [Lat.] False in one, false in all. This maxim may properly be applied in those cases only where a witness speaks to a fact with reference to which he cannot be presumed liable to mistake.The maxim falsus in uno, falsus in omnibus (false in one thing, false in every thing) is neither a sound rule of law nor a rule of practice. Hardly one comes across a witness whose evidence does not contain a grain of untruth or at any rate exaggerations, embroideries or embellishments, Vgar Ahir v. State of Bihar, AIR 1965 SC 277 (279).The maxium 'falsus in uno, falsus in omnibus' has no application in India and the witnesses cannot be branded as liars. The maxim 'falsus in uno, falsus in omnibus' has not received general acceptance nor has this maxim come to occupy the status of rule of law. It is merely a rule of caution. All that it amounts to is that in such cases testimony may be disregarded, and not that it must be discarded. The doctrine merely involves the ques...
Desuetude
Desuetude, disuse. In Scotland an Act is said to fall in to desuetude if, being of ancient date, it has for long been disregarded in practice. The Courts will not then give effect to it. The doctrine probably only applies to Acts of the Scots Parliament...
Condition
Condition. An event upon which a right under contract or to property may arise, become altered, or cease. Condition has been used in connection with personal obligations to distinguish one kind of obligation from another in the same transaction and to limit property. In their primary meaning, conditions precedent are events, but for the happening of which, rights will not arise.A condition subsequent puts an end to a state of things which, but for its happening, would have continued. Dependent or collateral conditions depend upon their mutual fulfilment as in a contract for sale of land where, unless otherwise agreed, the payment of the purchase money is conditional upon the conveyance and vice versa.Conditions may be imposed by the parties, either expressly or by necessary implication arising our of the construction of the document or agreement, or they may be implied bylaw according to the nature of the transaction.A peculiarity of conditions precedent is that an illegal or impossibl...
Culpa lata dolo 'quiparatur
Culpa lata dolo 'quiparatur.-(Gross negligence is held equivalent to intentional wrong.) In cases of fraud, a grossly negligent omission to ascertain whether a statement is true or not, i.e., an untrue statement made with a reckless disregard of its truth or the revrse is evidence of fraud. See Derry v. Peek, (1889) 14 AC 337, and FRAUD....
Conduct disgraceful in a professional respect
Conduct disgraceful in a professional respect, is not limited either to conduct involving moral turpitude or to a veterinary surgeon's conduct in pursuit of his profession, but may extand to conduct which, although reprehensible in anyone, is, in the case of a professional man, so much more reprehensible as to be disgraceful, in the sense that it tends to bring disgrace to the profession which he practise, Marten v. Disciplinary Committee of Royal College of Veterinary Surgeons, (1966) 1 QB 1: (1965) 1 All ER 949 DC, Halsbury's Laws of England, Vol. 2, para 571, p. 318.When misconduct is proved, the House can impose punishments such as admonition, reprimand, withdrawal from the House, suspension from the service of the House, imprisonment and expulsion from the House. In case the grossly disorderly conduct of a member in the House, the Speaker may direct him to withdraw immediately from the House. If he persists in disregarding the authority of the Chair, he may be named by the Chair a...
As he thinks fit
As he thinks fit, the revisional powers conferred upon the Custodian-General and the Custodian under the J&K State Evacuees' (Administration of Property) Act, 2006 (6 of 2006) (1949 AD) are of wider amplitude which cannot be restricted debarring the revisional authorities from satisfying themselves as to the legality or propriety of the orders passed by a subordinate authority in complete disregard to the provisions of the Act and the relevant facts. Any conclusion arrived to without reference to reliable, cogent and admissible evidence, cannot be termed to be a decision arrived on facts. Permitting the revisional authority to 'pass' such order in relation thereto as he thinks fit' clearly indicates the extent of the power conferred upon it which cannot be limited or circumscribed, Ghulam Qadir v. Special Tribunal, (2002) 1 SCC 33 (66)....
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