Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
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Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Executive Instruction - Generally cannot override statutory rules or constitutional provisions; if conflicting, statutory rules prevail. Supreme Court decisions affirm that executive instructions that contradict statutory laws are null and without legal force ["2023 0 Supreme(Chh) 231"], AIR 1998 SC 2255, Ranjodh Singh (2007), AIR 1997 SC 1446.
Ulterior Motive in Criminal Proceedings - Courts will scrutinize proceedings suspected to be initiated with mala fide or ulterior motives, especially when timing suggests an attempt to harass or convert civil disputes into criminal cases. Such proceedings can be quashed under Section 482 Cr.P.C. if mala fide intent is established ["
Mary Riba Eshi vs THE STATE OF AP AND ANR - Gauhati
"], ["2022 Supreme(Online)(Bom) 9776"], ["2025 0 Supreme(Cal) 619"].Executive Instructions and Constitutional Limits - Executive instructions issued without legislative backing, especially those affecting fundamental rights like flying the national flag, are challenged on constitutional grounds. They are considered null if contrary to statutory laws or constitutional provisions, reaffirming that executive orders cannot substitute legislation ["2023 0 Supreme(Kar) 1057"].
Ulterior Motive in Administrative and Disciplinary Actions - Allegations of mala fide or ulterior motives in administrative decisions, such as adverse entries or disciplinary proceedings, are often contested and scrutinized. Courts have recognized that such motives can invalidate actions if proven to be malicious or driven by ulterior intent ["2022 Supreme(Online)(MAD) 14807"], ["2025 Supreme(Online)(Mad) 67366"].
Timing and Context in Criminal Cases - The timing of FIR lodgment, especially when coinciding with favorable judicial rulings or administrative decisions, raises suspicion of mala fide motives. Courts tend to infer ulterior motives when criminal proceedings appear to be a tool for harassment or vengeance ["2025 Supreme(Online)(Cal) 5586"], ["2025 0 Supreme(Cal) 619"].
Good Faith in Business Decisions - Transfer instructions or administrative decisions made solely based on genuine business needs, without ulterior motives, are upheld as valid and motivated by bona fide interests rather than malice ["
CHONG SHI WEI vs PROCTER & GAMBLE (MALAYSIA) SDN BHD - Industrial Court Ipoh
"].Analysis and Conclusion:Executive instructions in India cannot override statutory laws or constitutional rights; they are subject to judicial review and can be struck down if found to be contrary to law or constitutional provisions. The courts have consistently held that proceedings or actions initiated with mala fide intent or ulterior motives—such as harassment, vengeance, or manipulation—are liable to be quashed. Timing, context, and evidence of malicious intent are critical in establishing ulterior motives. Decisions rooted in genuine, bona fide reasons are protected from such allegations. Overall, the legal framework emphasizes that executive and administrative actions must adhere to lawful, constitutional, and procedural standards, and any deviation motivated by ulterior motives can be challenged and nullified by courts.
In the realm of , executive instructions guide government actions and decisions. But what happens when such instructions are issued not for legitimate purposes, but with an ulterior motive? The question arises: Executive Instruction with Ulterior Motive – can it be challenged and invalidated? Generally, yes, if proven to be , meaning acted in . This blog delves into the legal principles, court approaches, and practical considerations, drawing from key judgments. Note: This is general information, not specific legal advice; consult a qualified lawyer for your situation.
refers to actions taken in , often involving personal bias, grudge, or improper purposes. Courts have defined it clearly: mala fides means want of good faith, personal bias, grudge, oblique or improper motive or ulterior purpose 2020 1 Supreme 319. Administrative actions, including executive instructions, must be exercised in good faith and for legitimate purposes; otherwise, they may be invalidated 2013 5 Supreme 1.
Key points include:- implies acting with , personal bias, or for improper purposes 2020 1 Supreme 319 2013 5 Supreme 1.- Actions motivated by , outside lawful authority, or for improper reasons are subject to and can be struck down 2020 1 Supreme 319 2013 5 Supreme 1.
For instance, an executive instruction for employee transfer actuated by can be deemed an 2020 1 Supreme 319. Courts emphasize honesty and intent in executive actions 2013 5 Supreme 1.
Challenging an executive instruction on grounds of ulterior motive is no easy task. The is very high: mere assertion or a vague or bald statement is not sufficient. It must be demonstrated either by admitted or proved facts and circumstances obtainable in a given case 2024 0 Supreme(Gau) 875. Mere allegations without credible evidence won't suffice 2020 1 Supreme 319.
Courts do not lightly presume malice; they require clear, tangible evidence from surrounding circumstances 2024 0 Supreme(Gau) 875. This cautious approach prevents frivolous challenges to valid administrative decisions.
When reviewing executive instructions, courts examine if they serve a legitimate purpose within the authority's powers. If an ulterior motive—like personal vendetta or bias—is strongly inferred, the instruction can be quashed as 2020 1 Supreme 319.
However, exceptions exist: even if improper considerations are alleged, the action stands unless the motive is proven extraneous or outside authority's scope2020 1 Supreme 319. Courts won't intervene merely because a decision seems erroneous or another option existed.
Several judgments illustrate how courts handle executive instructions tainted by ulterior motives or invalidity:
In a case involving , allegations of ulterior motives by reporting authorities were denied, highlighting the need for specific evidence beyond assertions 2024 Supreme(Online)(CAT) 467.
Domicile certificate guidelines for organ transplant registration were struck down as unconstitutional and . The court ruled they violated , discriminating against non-residents and undermining the right to health: The court asserts that right to health is integral to the right to life 2022 0 Supreme(Guj) 1178. This shows executive instructions failing tests of legitimacy.
Exclusion of married daughters from via executive memo was deemed illegal and . The court mandated , quashing the decision 2017 0 Supreme(Jhk) 1411.
In appointments to administrative posts, absence of statutory rules doesn't bar fair selection; arbitrary executive actions without merit-based processes were quashed 2008 0 Supreme(Gau) 576.
Suspension of a municipal chairwoman lacked evidence of gross misconduct or ulterior motives, leading to its set-aside; mere judicial error doesn't constitute misconduct 2007 0 Supreme(Raj) 2414.
These cases reinforce that executive instructions must align with constitutional mandates and public interest, or risk invalidation.
If you suspect an executive instruction stems from an ulterior motive:- Gather credible, admissible evidence of improper purpose, such as documents showing bias or extraneous influences.- Implead all relevant parties, including those allegedly influencing the decision 2024 0 Supreme(Gau) 875.- Focus on factual context: timing, communications, and deviations from norms to substantiate claims.
Courts remain slow to interfere without clear and convincing proof2020 1 Supreme 319.
Executive instructions fill gaps where statutory rules are silent, but they cannot contradict the Constitution: Any law, leave alone executive instruction, contrary to provisions of the is the Constitution 2017 0 Supreme(Jhk) 1411. This principle extends to scenarios like delayed gratuity payments, where circulars on interest require strict compliance proof 2017 0 Supreme(Jhk) 877.
In essence, while executives have flexibility, ulterior motives erode public trust and invite judicial intervention.
In conclusion, while executive instructions are vital for governance, those issued with or improper purposes may be struck down upon sufficient evidence. Understanding these nuances helps navigate administrative challenges effectively. For personalized guidance, consult a legal professional.
References:1. 2020 1 Supreme 319: Elaborates on in transfers and definitions.2. 2013 5 Supreme 1: On heavy burden and improper motives.3. 2024 0 Supreme(Gau) 875: Proof requirements and impleading parties.
(Word count approx. 1050. General insights based on cited cases.)
#MalaFide #AdministrativeLaw #ExecutiveInstructions
Therefore, life period of a select list cannot be curtailed by executive instruction dated 20.04.2017. The issue with regard to prevailing of Rules made under statutory power with executive instruction has come up for consideration before the Hon’ble Supreme Court in catena of decisions in B.N. ... Sri Somasundaram Vishwanath, AIR 1988 SC 2255, observed that if there is a conflict between the executive instruction and the Rules framed under the proviso to Article 309 of the Constitutio....
(7) Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and ... When there are material to indicate that a criminal proceeding is manifestly attended with mala fide and proceeding is maliciously instituted with an ulterior motive, the High Court will not hesitate in exercise of its jurisdiction under Section 482 Cr.P.C. to quash the proceeding under Category 7 as ... motive ....
instruction. ... An executive instruction issued by the appellant herein can any time be replaced by another set of executive instructions and thus deprive Indian citizens from flying National Flag. ... As the order under Sec. 3 was an Executive order, it was contended that Article 19 restricts the power of the State to abridge rights by way of Executive instruction without legislative backing. ... The question, however, is as to whether the said executive#H....
It is submitted that the objection raised by the petitioners is misconceived and out of ulterior motive as the petitioners have It is submitted that the petition is filed with an ulterior motive for Sneha Chavan of India, the petitioners are challenging communication dated 20.3.2019 issued by the Respondent no 6- Executive ... Reliance is placed on the decision of the Supreme Court in Executive
On perusing the counter affidavit especially paragraph 10 and 11, where it has been stated that the petitioner with an ulterior motive is delaying the proceedings by seeking copies. ... With an ulterior motive the petitioner to delay the proceeding, the petitioner is seeking copies of the documents referred in the charges even including the copy of the petition written by him. ... Moreover, in the counter affidavit, it is stated as if the Executive Engineer, second respondent, is a different person and ....
The timing of the FIR, lodged precisely on the day the police formally recognized the Petitioner's ownership of the vehicles and agreed to release them, speaks volumes about the complainant's ulterior motive. ... Amongst these are instances where the allegations, even if accepted in their entirety, do not prima facie constitute any offense, or where the criminal proceeding is manifestly attended with mala fide and is maliciously instituted with an ulterior motive. ... It appears to be a clear attempt to convert a civil ....
The timing of the FIR, lodged precisely on the day the police formally recognized the Petitioner's ownership of the vehicles and agreed to release them, speaks volumes about the complainant's ulterior motive. ... It appears to be a clear attempt to convert a civil dispute into a criminal one, with an ulterior motive of harassing the Petitioner. Allowing such a proceeding to continue would not secure the ends of justice but would rather perpetuate an injustice. ... Amongst these are instances where the allegations, even i....
4.2 The allegation of making adverse entries in the ACR/APAR with ulterior motive and malafide intentions were strongly denied. ... In the rejoinders filed by the applicant in all three OAs, it is averred as under 5.1 In OA 399/2013 , it has been reiterated that allegation of the ulterior motive of Reviewing Officer is true. ... It has been alleged by the applicant and his learned counsel that Reporting and Reviewing Authorities were having ulterior motive and due to their ....
(2024) SCC OnLine Ker and lastly referring to the Hon'ble Apex Court judgment in the case of Bhajan Lal submitted that where a criminal proceeding is manifestly attended with malafide and maliciously instituted with an ulterior motive ... Executive Officer, Valapady Selection Grade Town Panchayat, Salem District, incharge of Pethanaickenpalayam Town Panchayat, A6/S.Arumganainar, formerly Executive Officer, Kannankurichi Selection Grade Town Panchayat, Salem District, A7/R.Ashokkumar, formerly Executive#HL_END....
As there was a genuine commercial and business need for the Transfer Instruction and there was no ulterior motive to instruct the Claimant to return to Malaysia, the Transfer Instruction was made in good faith and motivated solely by the need to require a person of similar experience as the Claimant ... [38] The Company states that there was a genuine commercial and business need for the Transfer Instruction and there was no ulterior motive to instruct the Claimant t....
The idea therefore to bring in the concept of a domicile certificate by way of a guideline by the State, an executive information, under the pretext of protecting the needs of the needy fails the test on two counts. No power to frame such guidelines, as canvassed by the learned Senior Advocate, Ms.Manisha Lavkumar, can be read into the Rules by the provisions of Rule 31(4)(f) of the Rules. The whole object of making of the Act and the Rules is to stem the propensity of commercialization of organ transplantation and by bringing in a requisite of being a domicile of a State cannot in any manne....
Any law, leave alone executive instruction, contrary to provisions of the Constitution of India is ultra vires the Constitution. This clause further provides that adopted son, son-in-law and cousin are not considered as dependants. This definition has been provided by an executive instruction. The Constitution is the paramount law of the land and all laws in force in the territory of India derive their source from the Constitution of India.
It is appropriate to quote the text of executive instruction:- “In spite of the various measures taken so far in checking delay in the disposal of pension cases, Government are distressed to find that the delay has not yet been altogether eliminated resulting in financial distress and pecuniary loss to pensioners and families of deceased Government servants. PC-2-1-46/79/3155 of the Government of Bihar on the subject of payment of interest on delayed payment on all kinds of pension including Family pension and Death-cum-Retirement Gratuity. In view of the above and consider....
In absence of Statutory Rules, the executive is empowered to issue executive instruction. The existing rule is silent about such selection but it does not mean that the State is debarred from making selection through a Selection Board or DPC. There are number of decisions of the Apex Court in this regard and it would be appropriate to refer to the case of Santara Sharma v. State of Rajasthan AIR 1967 SC 1910, in which it is held that in absence of statutory rules regulating promotion to selection grade post, the government is competent to issue administrative instruction as....
Only in charge No. 8, the words "mala fide intention" have been used without specifying the same in what manner the beneficiary was connected with the petitioner. During the course of arguments, the Additional Advocate General has submitted that the Executive Officer has also been suspended but nothing has been said about not putting the note of dissent and exercise of the power under Section 300 of the Act of 1959. Therefore, erroneous decision taken by the Chairman with the assistance of the Executive Officer will not be covered by the term "misconduct" unless some motive/oblique....
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