Judicial Dictionary - G
Judicial Dictionary
Legislative Dictionary
Good faith
| Category | G |
|---|---|
| Title | Good faith |
| Details | Honesty; absence of fraud, collusion or deceit. A thing shall be deemed to be done in “good faith” where it is in fact done honestly, whether it is done negligently or not. [Section 3(2) of the General Clauses Act, 1897 (x of 1897)] Nothing is said to be done or believed in “good faith” which is done or believed without due care and attention. [Section 52 of the Penal Code, 1860] “Good faith”: nothing shall be deemed to be done in good faith which is not done with due care and attention. [Section 2(7) of the Limitation Act, 1908] Justification for arrest could not be sought under section 99 if there is absence of good faith. An arrest merely on the report of apprehension of a breach of the peace is not an act of good faith. Good faith requires due care and attention as provided by section 52. [Ahmed vs. Crown 6 DLR (WPC) 149] Of the authority must be established. In other words, if bad faith is alleged then the respondent must show that it was passed in good faith. Whatsoever has not been done in good faith must be taken as in bad faith because the liberty can only be curtailed on good faith and none else. [Shamsun Nahar Begum Vs. Bangladesh (1978) 30 DLR 33] |
| Created On | April 23, 2011, 9:37 AM |
| Hits | 783 |