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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] See also :
Bona fide
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