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1 - 10 of 15 (0.27 seconds)Section 498A in The Indian Penal Code, 1860 [Entire Act]
The Railways Act, 1989
Mohammed Alam Ibrahim Shaikh vs S.G. Suryavanshi, Dy. Commissioner Of ... on 10 August, 2005
iv) Misconduct literally means wrong or improper conduct, i.e., conduct in violation of a definite rule of action. It ordinarily means failure to do what is required of a person to be done. An omission to do what is required of a person to do may therefore constitute misconduct even though the person has not acted wilfully or maliciously, as held in the case of Shaikh Mohammad vs. G.G. in Council, AIR 1954 Nag. 337. [Indian Railways Act (9 of 1890), S.72]
Rasabati Bewa And Anr. vs Union Of India (Uoi) And Anr. on 7 July, 1960
v) Misconduct is something more than mere negligence. It is the intentional doing of something which the doer knows to be wrong or which he does recklessly, not caring what the result may be, as held in the case of Rasabati Bewa vs. Union of India, AIR 1961 Ori 113, 118. [Railways Act (9 of 1890), S.74-6(3)].
Indian Railways Act, 1890.
Section 34 in The Indian Penal Code, 1860 [Entire Act]
Inspector Prem Chand vs Govt. Of N.C.T. Of Delhi And Others on 5 April, 2007
In ground-6 (d) of his OA, the applicant has cited from the Honble Apex Court judgment in respect of Inspector Prem Chand (supra), in which in Para-9&10, the Honble Apex Court had gone into the question of misconduct as well as misconduct in office, and had distinguished it from conduct involving moral turpitude or a mere error of judgment. It was held by the Honble Apex Court that the term misconduct implies a wrongful intention, a transgression of some established and definite rule of action, a forbidden act, a dereliction from duty, unlawful behaviour, willful in character, improper or wrong behaviour, with synonyms such as misdemeanor, misdeed, misbehaviour, delinquency, impropriety, mismanagement, offense, but excludes negligence or carelessness. After stating that the word misconduct is a relative term, and has to be construed with reference to the subject matter and the context wherein the term occurs, having regard to the scope of the Act or statute which is being construed, and it literally means wrong conduct or improper conduct.