Misconduct - Law Dictionary Search Results
Home Dictionary Name: misconductMisconduct
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...
Legal misconduct
Legal misconduct, it is difficult to give an exhaustive definition of what amounts to legal misconduct. It may however be stated that legal misconduct means misconduct in the judicial sense arising from some honest, though erroneous, breach and neglect of duty and responsibility on the part of the arbitrator causing miscarriage of justice. It includes failure to perform the essential duties which are cast on an arbitrator as such. It also includes any irregularity of action which is not consonant with general principles of equity and good conscience which ought to govern the conduct of an arbitrator, Indian Mineral Co. v. Northern India Lime Marketing Association, AIR 1958 All 692....
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....
Professional misconduct
Professional misconduct, may consist in betraying the confidence of a client, in attempting by any means to practise a fraud or impose on or deceive the court or the adverse party or his counsel, and in fact in any conduct which tends to bring reproach on the legal profession or to alienate the favourable opinion which the public should entertain concerning it, Corpus Juris Secundum (p. 740, Vol. 7), see also R.D. Saxena v. Balram Prasad Sharma, (2000) 7 SCC 264.Means dishonesty or some conduct involving moral turpitude, State of Uttar Pradesh v. Kashi Prasad, AIR 1969 All 363.The test to be applied in all such cases is whether the proved misconduct of the advocate is such that he must be regarded as unworthy to remain a member of the honourable profession to which he has been admitted and unfit to be entrusted with the responsible duties that an advocate is called upon to perform. There is a world of difference between the giving of improper legal advice and the giving of wrong legal ...
Misconduct (Legal)
Misconduct (Legal), the expression 'legal misconduct' is an ambiguous term it means and includes some honest though erroneous breach of duty causing a miscarriage of justice, Chhogmul Rewalmal v. Senval Chand, 53 CWN 828...
Misconduct in office
Misconduct in office, has been defined as any unlawful behaviour by a public office in relation to the duties of his office, willful in character. Terms embraces acts which the office holder had no right to perform, acts performed improperly and failure to act in the face of an affirmative duty to act, Chairman & M.D. Bharat Petrol Corporation Ltd. v. T.K. Raju, (2006) 3 SCC 143: (2006) 2 JT 624: (2006) 2 SCALE 553: (2006) 2 Supreme 369: (2006) 2 SLT 712: (2006) 3 SCJ 30: (2006) 4 SCJD 302: (2006) 3 SRJ 515: (2006) 2 LLJ 113: (2006) 109 FLR 232: (2006) 3 SLR 220: (2006) 2 SLJ 470.Misconduct in office, means 'any unlawful behavi-our by a public officer in relation to the duties of his office, willful in character. Term embraces acts which the officer holder had no right to perform, acts performed improperly, and failure to act in the face of an affirmative duty to act, Black's Law Dictionary, 7th Edn., p. 999....
misconduct
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 ...
impeach
impeach [Anglo-French empecher, from Old French empeechier to hinder, from Late Latin impedicare to fetter, from Latin in- + pedica fetter, from ped- pes foot] 1 : to charge with a crime or misconduct ;specif : to charge (a public official) before a competent tribunal (as the U.S. Senate) with misconduct in office see also Article I and Article II of the Constitution in the back matter NOTE: Impeachment is the first step in removing an officer from office. The president, vice president, and other federal officers (as judges) may be impeached by the House of Representatives. (Members of Congress themselves are not removed by being impeached and tried, but rather are expelled by a two-thirds majority vote in the member's house.) The House draws up articles of impeachment that itemize the charges and their factual bases. The articles of impeachment, once approved by a simple majority of the House members, are then submitted to the Senate, thereby impeaching the officer. The Senate th...
New trial
New trial. If any defect of judgment happen from causes wholly extrinsic, i.e., arising from matters foreign to or dethors the record, the only remedy the party injured by it has (except formerly error coram nobis or vobis in some few cases) is by applying to the Court for a new trial, which is in substitution for a bill of exceptions. But the Court must be satisfied that there are strong probable grounds to suppose that the merits have not been fairly and fully discussed, and that the decision is not agreeable to the justice and truth of the case before they will grant a new trial.The following is a summary of the cases in which a new trial may be granted. They are all subject to the rule that in an action of contract, unless some right independent of the damages be in question, the amount in dispute must be 20l. at least for the Court to interfere.(1) Mistakes, etc., of a judge. If a judge misdirect a jury, even in a penal action, it is generally a good ground for a new trial. So if ...
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...
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