Mala fide

Mala fide

Literal Meaning

In bad faith.


The term malafide may involve intentional deceit of others, or self-deception. Bad faith implies malice or ill will. Bad faith refers to a subjective state of mind which is motivated by ill will or even sinister purposes.



Case References

Sarva Shramik Sang v. Indian Oil corpn. Ltd., AIR 2009 SC 2355

The court held that the writ of mandamus would be issued if the refusal of the app. Government was on irrelevant, irrational or extraneous grounds or that it was mala fide.

Partap Singh Vs State of Punjab, A.I.R. 1964 S.C. 72

The court held that the case falls in the area of service Law in India and as such would be discussed at its appropriate place yet it is necessary to refer to the case here also as it seems to lay the wide-based foundation of law of malafides in India giving it both form and content adequate enough to build subsequent superstructures. It was held in this case that if that functionary (Chief Minister of Punjab) was actuated by mala-fides in taking any action, it is clear that sucn action would be vitiated.

Snort v. Poole Corporation, (1926) Ch. 66

“If an attempt is made to exercise those powers corruptly as under influence of bribery, or malafiie for some improper purpose, such an attempt must fail. It is null and void”.

Edited by Sree Ramya

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