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Report No. 104

Chapter 8

"Good Faith", and other Expressions

8.1. Section 1-Good faith.-

One important point that must also receive attention in connection with section 1 of the Act is the question whether the belief of the person acting judicially 'in good faith' must be based on reasonable inquiry. In other words, does the expression "good faith" here postulate due care and attention? The point was discussed in detail in a Calcutta case.1 On the facts of the belief was held to be both honest and reasonable. At the same time, it was pointed out that there may be some difficulty as to the exact meaning of the expression "in good faith" as appearing in section 1. A question, it was said, may arise if it was necessary to see whether there existed a reasonable cause for the belief of the Magistrate, or whether it was sufficient if he himself thought that there was sufficient cause.2

1. Rohini Kumar v. Niaz Mohammed, AIR 1944 Cal 4 (10) (Pal, J.).

2. See also Collector of Sea Customs v. Chidambaram, 1876 ILR 1 Mad 89.



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