taking an action". This is sometimes described as
"malice in fact". "Legal malice" or "malice in law" means ... under an obligation to act fairly without ill will or malice
in fact or in law. Where malice is attributed to the State
inoperative."
Malice or mala fide is of two types:- (1) express malice or "malice in fact"; and (2) implied or legal malice ... malice in law". Mala fides violating proceedings may be factual or legal.
Malice in fact means when an action is taken out of personal
Inspector of Schools is accentuated by malice. The Supreme Court has differentiated the legal malice and malice of fact. The sequence of the facts clearly ... malice in law" and held as under:
"25. The State is under obligation to act fairly without ill will or malice--in fact
amount to malice in fact.
Malice in law is different from malice in fact and may be assumed from the doing of a wrongful ... fact, there is no 'Malice in Law' or 'Malice in Fact' in the instant case. Admittedly, the 1st Respondent, being
appellant/petitioners pleaded, non-application of mind, arbitrariness,
discrimination, and malice in fact as well as in law. Insofar as the issue
of non- application ... hands of the respondents was vitiated, on account of malice in fact as also
malice in law. Insofar as the instant aspect of matter
Rajendra Prasad vs Sikkim University And Ors on 17 April, 2015
Author: S.P. Wangdi
vitiated on account of any malice either in fact or in law;
(3) Whether the decision of the Governing Body and the O.M. dated ... premature retirement so as to amount to malice in fact. Malice in law is, however, quite different. Viscount Haldane described it as follows in Shearer
Unity Infraprojects Ltd Thr Its ... vs Building Construction on 19 November, 2015
Author: Rongon Mukhopadhyay
under an obligation to act fairly without ill will or malice- in fact or in law. Where malice is attributed to the State ... spite on the part of the State. "Legal malice" or "malice in law" means something done without lawful excuse
appellant/petitioners
pleaded, non-application of mind, arbitrariness, discrimination, and malice in fact
as well as in law. Insofar as the issue of non- application ... hands of the
respondents was vitiated, on account of malice in fact as also malice in law.
Insofar as the instant aspect of matter
