additional expenditure for alternative site allotted
to him. No misfeasance was found. The moment the
authority came to know of the mistake committed ... opinion the consumer suffered injury
due to what is called misfeasance of the officers by the
English Courts. Even in England where award of
exemplary
contended that
since the concept of absolute liability of public servants
for misfeasance has been of recent origin in this country
even while awarding exemplary ... jurisdiction, the Court cannot award
exemplary damages for the "tort of misfeasance in office",
as in the proceedings under this Article, which constitute
affairs of the company had in connection therewith been
guilty of fraud, misfeasence and other misconduct towards
the company and its members.
Soon afterwards ... that the
persons mentioned in sub-clause (ii) were guilty of fraud,
misfeasance or misconduct towards the company or any of its
members; though
order to facilitate quick action against persons involved in cases of fraud, misfeasance and other such malpractices and irregularities in the management of companies
proves that the non-recovery cannot be attributed to any gross neglect, misfeasance or breach of duty on his part in relation to the affairs
management of its affairs have in connection therewith been guilty of fraud, misfeasance or other misconduct towards the company or towards any of its members
property of the company; or (b) has been guilty of any misfeasance or breach of trust in relation to the company, the Tribunal ... company by way of compensation in respect of the misapplication, retainer, misfeasance or breach of trust, as the Tribunal thinks just. (2) An application under
Jain, against whom proceedings in
criminal courts were pending for acts of misfeasance and
malfeasance in relation to other companies, was controlling
both ... formation ,or management have, in
connection therewith, been guilty of fraud, misfeasance or
other misconduct towards the company or its members; that
is, though
that he has not been found guilty of any fraud or misfeasance or of any breach of duty to any company under this
such waqf; or (i) continuously neglects his duties or commits any misfeasance , malfeasance, misapplication of funds or breach of trust in relation to the waqf