Smt. S. R. Venkataraman vs Union Of India & Anr on 2 November, 1978
Malice in law. "Malice in law" is however, quite different.
Viscount Haldane described it in Shearer Shields, (1914) AC
808 as: "A person who inflicts an injury upon another person
in contravention of the law is not allowed to say that he did so
with the innocent mind: he is taken to know the law, and he
must act within the law. He may, therefore, be guilty of malice
in law, although, so far the state of mind is concerned, he acts
ignorantly, and in that sense innocently". Malice in its legal
sense means malice such as may be assumed from the doing
of a wrongful act intentionally but without just cause or
excuse, or fro want of reasonable or probable cause. (See S.R.
Venkatarcunan v. Union of India (1979) 2 SCC 491)
Malice-per common law. "Malice" in common law or
acceptance means ill will against a person, but in legal sense
means a wrongful act done intentionally without just cause or
excuse.