Misconduct Legal - Law Dictionary Search Results
Home Dictionary Name: misconduct legalMisconduct (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...
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
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...
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 ...
Improper legal advice and wrong legal advice
Improper legal advice and wrong legal advice, Giving of improper legal advice is different from giving of wrong legal advice. While the former may amount to professional misconduct, the latter may not be so. It is against professional etiquette for a lawyer to give improper legal advice with an ulterior object. It is unworthy that an advocate should accept employment with such motive, or so long as his client has such understanding of his purpose. It is professionally improper for a member of the bar to prepare false documents or to draw pleadings knowingly that the allegations made are untrue of his knowledge, Pandurang Dattatraya Khandekar v. Bar Council of Maharashtra, AIR 1984 SC 110: (1984) 1 SCR 414: (1984) 2 SCC 556....
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....
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 ...
Lawful, Legal
Lawful, Legal, legal and litigious, Litigious and lawful possession are concepts of varying legal shades deriving their colour from the setting in which they emerge. Epithet used itself indicates the filed in which they operate. The one pertains to disputed in which possession may be coterminous with physical or de facto control, only, whereas the domain of other is control with some legal basis. The former may be uncertain in character and may even be without any basis or interest but the latter is founded on some rule, sanction or excuse. Dictionarily 'litigious' means 'disputed' (Concise Oxford Dictionary) or 'disputable' or 'marked by intention to quarrel' (Webster Third New International Dictionary), 'inviting controversy', 'relating to or marked by litigation', 'that which is the subject of law suit'. (Black's Law Dictionary) Lawful on the other hand is defined as, 'legal, warranted or authorised by law'. Jurisprudentially a person in physical control or de facto possession may h...
Legal right
Legal right, 'legal right' is a difficult concept, legal right in its strict sense is one which is an assertable claim, enforceable before Courts and administrative agencies; in its wider sense, a legal right has to be understood as any advantage or benefit conferred upon a person by a rule of law; there are legal rights which are not enforceable, though recognized by the law; there are rights recognised by the International Court, granted by international law; but not enforceable; a legal right is a capacity of asserting a secured interest rather than a claim that could be asserted in the Courts, Daniel Hailey Walcott v. State, AIR 1968 Mad 349 (355). (Penal Code, 1860, s. 30)It includes not only rights conferred by statute but also those which may be claimed independently of any statute, Anandrao Laxmanrao Mandloi v. Board of Revenue, AIR 1965 MP 237 (247) (FB).A legal right may be defined as an advantage or benefit conferred upon a person by a rule of law. Immunity in short is no li...
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