Mala Fide: Origin, Meaning and Explanation

This article titled ‘Mala Fide: Origin, Meaning and Explanation’ is written by Sahajpreet Bhusari and discusses the maxim of Mala fide.

I. Origin and Meaning

Mala fide is a legal maxim of Latin origin. In Latin, it literally means ‘in bad/ill faith’[1].

II. Explanation

The term mala fide can mean intentionally misleading others or deceiving oneself. Bad faith involves malice and ill intention. Bad intention or bad faith refers to a subjective state of mind fueled by bad will or even sinister motives.

III. Application

In fact, Mala fide essentially means: “In bad faith, with the intent to deceive.” Mala fide actions are commonly used in all areas of law, the legal disputes in which an administrative decision/request is appealed. The individual who makes these allegations on the platform is responsible for displaying dishonest intentions. Therefore, the Indian courts should seek the truth about the impact of the allegation.

IV. Case Laws

It was in the case of Sarva Shramik Sang v. Indian Oil Corpn. Ltd.[2] that the court held that writ of mandamus would be issued if the application was denied, for the government has been stating unreasonable or irrelevant reasons or is acting in bad faith.

The court in the case of Partap Singh v. State of Punjab[3] held that the case falls under the field of service law in India and as such will be discussed in its proper place, but it is necessary to refer to the case here as it seems to throw light on the basics of Malafide law in India by giving it both form and content sufficient to build the next superstructures. In this case, it is argued that if this official (CM of Punjab) took actions mala fide and that such actions will be vitiated.

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References

[1] Mala Fide, Available Here.

[2] AIR 2009 SC 2355.

[3] A.I.R. 1964 S.C. 72

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1. Law Library: Notes and Study Material for LLB, LLM, Judiciary and Entrance Exams
2. Legal Bites Academy – Ultimate Test Prep Destination