Misbehaviour - Law Dictionary Search Results
Home Dictionary Name: misbehaviourMisbehaviour
Misbehaviour, Word 'misbehaviour' used in cl. 2 of Inquiries Act is not vague; it would certainly mean a lapse from proper standard of conduct in discharge of functions as a government servant. Every dishonest act of government servant amounts to 'misbehaviour', R.P. Kapur v. S. Pratap Singh Kairon, AIR 1964 SC 295: (1964) 4 SCR 204. (Inquires Act, Cl. 2)The word 'misbehaviour' is a vague and elastic word and embraces within its sweep different facets of conducts as opposed to good conduct. Literally, it means wrong conduct or improper conduct. It has to by construed with reference to the subject-matter and the context wherein the term occurs having regard to the scope of the Act or the statute under consideration. In the context of disciplinary proceedings against a solicitor, the word misconduct was construed as professional misconduct extending to conduct 'which shows him to be unworthy member of the legal profession', C. Ravichandra Iyer v. Justice A.M. Bhattacharjee, (1995) 5 SCC ...
Libraries (Public)
Libraries (Public). The (English) Public Libraries Acts, 1855-1890, authorised the establishment, at the expense of the ratepayers, of free public libraries in municipal boroughs, Improvement Act districts, and parishes, in England, by the vote of a majority of two-thirds of the inhabitants, taking by voting papers, 'and not otherwise,' (Act of 1890, s. 2). These Acts were consolidated by the Public Libraries Act, 1892 (55 7 56 Vict. c. 53), amended in the following year by 56 & 57 Vict. c.11, which allowed the Act to be adopted in urban districts by the urban authorities instead of by direct popular vote. In rural parishes the parish councils had this power transferred to them by the Local Government Act, 1894. Land may be taken compulsorily. Libraries under the Act are absolutely free, save that a charge may be made to non-residents for the use of a lending library. The Act of 1892 provided that the library rate was not to exceed one penny in the pound in any financial year, and migh...
Malversation
Malversation, misbehaviour in an office, employment, or commission, as breach of trust, extortion, etc.Malversation, official corruption, a misbehaviour, especially by someone exercising an office, Black's Law Dictionary, 7th Edn., p. 971....
Behaviour
Behaviour, means behaviour in matters concerning the office, except in the case of conviction upon an indictment for any famous offence of such a nature as to render the person unfit to exercise the office, which amounts legally to misbehaviour although not committed in connection with the office. Halsbury's Laws of England, Vol. 8(2), 4th Edn., Para 903, p. 914....
Churchwardens
Churchwardens, anciently styled Church Reeves or Ecclesi' Guardiani, the guardians or keepers of the church, and representatives of the body of the parish; but though in some sort ecclesiastical officers, they are always lay persons. They are a quasi corporation for certain purpose, Withnell v. Gartham, (1795) 6 TR 388 (396), and in the City of London they are a corporation for the purpose of holding lands; but beyond that they are only annual officers, Fell v. Official Trustee of Charity Lands, 1898 (2) Ch 59. They are sometimes appointed by the minister, sometimes by the Vestry and Parochial Church Meeting sitting together (see 11 & 12 Geo. 5 No. 1, s. 13), sometimes by the minister and the meeting together, sometimes one by the minister and another by the meeting, as custom directs. Where there is no custom the election must be according to Canon 89 and s. 13 above, under which they must be chosen by the joint consent of the minister and the meeting, and if they cannot agree, then t...
Judge
Judge [fr. juge, Fr.; judex, Lat.], one invested with authority to determine any cause or question in a Court of judicature. The word 'judge' denotes not only every person who is officially designated as a judge but also every person who is empowered by law to give, in any legal proceeding, civil or criminal, definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, is confirmed by some other authority, would be definitive or who is one of a body of persons which body of persons is em-powered by law to give such a judgement (Indian Penal Code, 1860, s. 19)To secure the dignity and political independence of the judges of the Supreme Court, it is enacted by s. 5 of the (English) Jud. Act, 1875 (replaced by Jud. Act, 1925, s. 12), repeating in effect a provision of the Act of Settlement (12 & 13 Wm. 3, c. 2), that the judges of the Supreme Court (with the exception of the Lord Chancellor, who goes out with the Ministry) shall hold their o...
Misconduct
Misconduct, is a relative term. It has to be considered with reference to the subject-matter and the context wherein such term occurs. It literally means wrong conduct or improper conduct, R.D. Saxena v. Balram Prasad Sharma, (2000) 7 SCC 264.Misconduct, means 'A transgression of some established and definite rule of action, a forbidden act, a dereliction from duty, unlawful behaviour, wilful in character, improper or wrong behaviour; its synonyms are misdemeanour, misdeed, misbehaviour, delinquency, impropriety, mismanagement, offence, but not negligence or carelessness, (Black's Law Dictionary), N.G. Dastane v. Shrikant S. Shivde, (2001) 6 SCC 135.The word 'misconduct' is not capable of precise definition, but at the same time though incapable of precise definition, the word 'misconduct' on reflection receives its connotation from the context, the delinquency in performance and its effect on the discipline and the nature of duty. The act complained of must bear a forbidden quality or...
Misconduct and quarrel
Misconduct and quarrel, Private quarrel between an employee and a stranger with which the employer is not concerned falls outside the categories of misconduct, it cannot be reasonably disputed that acts which are subversive of discipline amongst employees or misconduct or misbehaviour by an employee which is directed against another employee of the concern may in certain circumstances constitute misconduct so as to form the basis of an order of dismissal or discharge, Lalla Ram v. D.C.M. Chemical Works Ltd., AIR 1978 SC 1004: (1978) 3 SCC 1: (1978) 3 SCR 82....
Peace, Clerk of the
Peace, Clerk of the, an officer who acts as clerk at the Court of Quarter Sessions, and records all their proceedings. He may have county property conveyed to him under the County Property Act, 1858, and is clerk of the County Council by virtue of s. 83 of the (English) Local Government Act, 1888. See also (English) Local Government Clerks Act, 1931 (21 & 22 Geo. 5. c. 45). He may be removed for misbehaviour in his office under 1 M. & W. c. 21, by the justices in Quarter Sessions, as amended by the Clerks of the (English) Peace Removal Act, 1864 (see now (English) Local Government Clerks Act, 1931 (21 & 22 Geo. 5, c. 45), and the earlier Act also provides the form of oath not to pay for his appointment....
Public interest
Public interest, means an act beneficial to the general public. It means action necessarily taken for public purpose, Babu Ram Verma v. State of Uttar Pradesh, (1971) All LJ 653: (1971) Serv LR 649: (1971) 2 Lab LJ 235: (1971) Lab IC 1162 (All).Means of concern or advantage to people as a whole, T.M.A. Pai Foundation v. State of Karnataka, (2002) 8 SCC 481.Means retention of honest and efficient employees and weeding of inefficient and dishonest, Indira Saxena v. Municipal Council, 1995 Jab LJ 28.Means those interests which concern the public at large, Law Lexicon, 2nd Edn., Reprint 2000, at p. 1557). See also T.M.A. Pai Foundation v. State of Karnataka, (2002) 8 SCC 481.Refers to cases where the interests of public adminis-tration require the retirement of a government servant who with the passage of years has pre-maturely ceased to possess the standard of efficiency, competence and utility called for by the government service to which he belongs. No stigmas or implication of misbehav...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial