Malice In Fact - Law Dictionary Search Results
malice in fact
Matched in: Term malice in fact
Malice
Matched in: Term Malice
malice
Matched in: Term malice
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plead
by way of a pleading : state in a pleading [unless plaintiff s and proves facts showing actual malice, he cannot recover punitive damages "Kumaran v. Brotman, 617 N.E.2d 191 (1993)"] [ a case of fraudulent conveyance] … or other legal proceeding ;esp : to answer the pleading or charge of the other party by denying facts therein stated or by alleging new facts [the defendant shall be given a copy of the indictment or
allege
proof or before proving 2 : to state (as a fact) in a pleading : aver [failed to malice]
Arraign
the fact, upon which the Court proceeds immediately to judgment. But, if the prisoner 'shall stand mute or malice, or will not answer directly to the indictment or information,' the Court, if it shall so think fit,
Bias
of ill-will. There must be cogent evidence available on record to come to the conclusion as to whether in fact there was existing a bias which resulted in the miscarriage of justice, Kumaon Mandal Vikas Nigam Ltd. v.
Good faith
first the circumstances under which the letter was written or words were uttered; secondly, whether there was any malice; thirdly, whether the appellant made any enquiry before he made the allegations; fourthly, whether there are reasons to … and circumstances of each case. So too the question whether an imputation was made for the public good. In fact the First Exception of s. 499, IPC expressly states 'Whether or not it is for the public good
Libel
Essex Recorders Ltd., (1934) 50 TLR 365 (comments in newspaper on proceedings at local authority meeting). Proof of malice or spite will rebut a defence of privileged occasion, but neither want of truth nor malice are relevant … and not from sense of duty if such information is injurious to the character of another. The mere fact of a contract to supply information does not create such a duty or common interest that communications made
Age
a child, or a woman to be past child-bearing, but in the latter case the Court will sometimes in fact make this presumption for convenience in the administration of estates (Farwell on Powers, 3rd Edn., p. 339); see,
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