Misfeasance - Law Dictionary Search Results
Home Dictionary Name: misfeasanceMisfeasance and non-feasance
Misfeasance and non-feasance, there is a distinction between misfeasance (positive action) and non-feasance (omission). Misfeasance is wilful, reckless or heedless conduct in commission of a positive act lawfully done but with improper conduct. Non-feasance means non-performance of some act which ought to be performed or omission to perform required duty or total neglect of duty. In the case of misfeasance, the defendant is the author of the source of danger to cause damage due to careless conduct, to the person/property of plaintiff. He has knowledge that the act may give rise to tort but in the case of non-feasance several factors require consideration for giving rise to actionable negligence, Rajkot Municipal Corporation v. Manjulaben Jayantilal Nakum, (1997) 9 SCC 552 (582)...
Malfesance, misfeasance, nonfeasance
Malfesance, misfeasance, nonfeasance, the words 'malfeasance', 'misfeasance' and 'nonfeasance' cover a wide range of cases. Malfesance would apply to a case where an act prohibited in law is done by a person. Nonfeasance would apply to a case where a person omits to do some act prescribed by law, and misfeasance would apply to a case where a lawful act is done in an improper manner, Khairul Bashar v. Thomas Lal, AIR 1957 All 553 (556). (Limitation Act, 1908, Art. 36)...
Misfeasance
Misfeasance, a misdeed or trespass; also, the improper performance of some lawful act. As to the distinction between misfeasance and nonfeasance, see McClelland v. Manchester Corporation, (1912) 1 KB 118, and cases there referred to, Guilfoyle v. Port of London Authority, (1932) 1 KB 336; and Coeshill v. Manchester Corporation, (1928) 1 KB 776. As to misfesance proceedings in the course of a winding-up against directors, promoters, managers or others, see Companies Act, 1929, s. 276....
misfeasance
misfeasance [Anglo-French misfesance, from Middle French mesfaire to do wrong, from mes- wrongly + faire to make, do, from Latin facere] : the performance of a lawful action in an illegal or improper manner ;specif : the performance of an official duty in an improper or unlawful manner or with an improper or corrupt motive compare malfeasance, nonfeasance ...
Misfeasance in public office
Misfeasance in public office, has been defined as malicious abuse of power, deliberate maladministration and unlawful acts causing injury by public officer, Common Course, A Registered Society v. Union of India, (1999) 6 SCC 667....
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...
malfeasance
malfeasance [mal- bad + obsolete English feasance doing, execution, from Old French faisance, from fais-, stem of faire to make, do, from Latin facere] : the commission (as by a public official) of a wrongful or unlawful act involving or affecting the performance of one's duties compare misfeasance, nonfeasance ...
nonfeasance
nonfeasance [non- + obsolete English feasance doing, execution, from Anglo-French fesance, from Old French faisance act, from fais-, stem of faire to do, from Latin facere] : the failure or omission to do something that should be done or esp. something that one is under a duty or obligation to do compare malfeasance, misfeasance ...
Misfeasance
A trespass a wrong arising from an overt act the improper doing of an act which a person might lawfully do...
Act purporting to be done in official capacity
Act purporting to be done in official capacity, The words 'act purporting to be done in official capacity' have been construed to apply to non-feasance as well as to misfeasance. The word 'act' extends to illegal omissions, see Prasaddas v. Bennerjee, ILR (1930) 57 Cal 1127. No distinction can be made between acts done illegally and in bad faith and acts done bona fide in official capacity. See Bhagchand Dagadusa's case. S. 80 of the Code of Civil Procedure therefore is attracted when any suit is filed against a public officer in respect of any act purporting to be done by such public officer in his official capacity, State of Maharashtra v. Shri Chander Kant, AIR 1977 SC 148 (150): (1977) 1 SCR 933: (1977) 1 SCC 257. (M.P. Public Truts Act, 1951, s. 8)...
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