(i) Who shall be included in the definition of "Person" under the General Clauses Act, 1897? (2 Marks) (ii) State the provision of Section 3(22)…
CA Intermediate · Corporate and Other Laws · PYQS · May 2026
(i) Who shall be included in the definition of "Person" under the General Clauses Act, 1897? (2 Marks) (ii) State the provision of Section 3(22) "Good Faith" under the General Clauses Act, 1897 and briefly discuss when an act is presumed to have been done in good faith. (2 Marks)
Suggested Answer and Working Notes:
(a) (i) Person According to section 3 (42) of the General Clauses Act, 1897, "Person" shall include: (a) any company, or (b) association, or (c) body of individuals, whether incorporated or not (ii) Good Faith According to section 3 (22) of the General Clauses Act, 1897, 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. The question of good faith under the General Clauses Act, 1897 is one of fact. It is to determine with reference to the facts and circumstances of each case. Thus, anything done with due care and attention, which is not malafide is presumed to have been done in good faith. For eg: An authority is not acting honestly where it had a suspicion that there was something wrong and did not make further enquiries.
Topics: The General Clauses Act, 1897
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