AI Overview...
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Colorable Exercise of Power - Several sources highlight that actions by authorities or entities can be deemed a colorable exercise of power when they appear to follow formal procedures but in reality aim to circumvent legal or constitutional provisions. For example, appointments that infringe constitutional restrictions or legislative acts that mask their true intent to bypass legal mandates are considered colorable exercises of power Rakesh Choubey son of Late Shri G. P. Choubey VS State of Chhattisgarh, Through the Chief Secretary, Government of Chhattisgarh - Chhattisgarh, UNITED INDIA INSURANCE CO. LTD. VS STILIAN PHANRANG - Gauhati, HINDUSTAN PETROLEUM CORPORATION LTD. VS DARIUS SHAPUR CHENAI - Supreme Court.
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Circumventing Legal and Constitutional Provisions - Courts scrutinize whether actions such as land acquisitions, appointments, or legislative amendments are genuine or merely attempts to evade legal restrictions. When proceedings are initiated with the primary purpose of avoiding legal requirements or constitutional restrictions, they are characterized as colorable and invalid HINDUSTAN PETROLEUM CORPORATION LTD. VS DARIUS SHAPUR CHENAI - Supreme Court, Sulaiman M.S. S/o Mohammad Sali vs State of Kerala - Kerala.
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Judicial Scrutiny and Probing - Courts have the authority to examine whether powers are exercised legitimately or in a colorable manner. Orders made with ulterior motives or based on irrelevant considerations are subject to judicial review to prevent misuse of authority Harendra Vallabhdas Kanabar VS State of Gujarat - Gujarat, MISS. SHANTIPRIYA KAR VS DIRECTOR OF PUBLIC INSTRUCTION (SCHOOLS) - Orissa.
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Legislative and Executive Actions - Legislative devices that superficially comply with constitutional mandates but effectively undermine them are viewed as camouflage or colorable. For instance, amendments or statutes that are cosmetic or intended to bypass constitutional restrictions are deemed invalid Kishan Lal Lakhmi Chand VS State Of Haryana - Supreme Court.
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Implications for Land Acquisition and Appointments - The courts have consistently held that acquisitions or appointments challenged on grounds of being a colorable exercise of power are liable to be set aside. The main concern is whether the actions were taken in good faith and for legitimate purposes, or merely to circumvent legal requirements HINDUSTAN PETROLEUM CORPORATION LTD. VS DARIUS SHAPUR CHENAI - Supreme Court, Sulaiman M.S. S/o Mohammad Sali vs State of Kerala - Kerala.
Analysis and Conclusion:
The concept of circumventing through a colorable exercise of power refers to actions that appear lawful but are actually designed to evade legal or constitutional restrictions. Courts remain vigilant to prevent such misuse, ensuring that powers are exercised genuinely and within the bounds of law. When authorities engage in such practices, their actions are subject to judicial scrutiny and can be invalidated if found to be a mere facade to achieve illegitimate objectives Rakesh Choubey son of Late Shri G. P. Choubey VS State of Chhattisgarh, Through the Chief Secretary, Government of Chhattisgarh - Chhattisgarh, UNITED INDIA INSURANCE CO. LTD. VS STILIAN PHANRANG - Gauhati, MISS. SHANTIPRIYA KAR VS DIRECTOR OF PUBLIC INSTRUCTION (SCHOOLS) - Orissa.
References:
- 01000006704
- 01400029639
- 00100036737
- 01500058000
- 01300032737
- 02200028897
- 00100024074
Search Results for "Circumvent Colorable Exercise"
2018 0 Supreme(Chh) 179 • India - Chhattisgarh
THOTTATHIL B.RADHAKRISHNAN, SHARAD KUMAR GUPTA
exercise of power to circumvent the restrictive covenant contained in that provision of the Constitution - It is also the plea that ... such appointments result in infraction of Article 164(1A) of the Constitution of India and such appointments are the result of colorable ... Parliamentary Secretary is beyond the legislative competence of the State and therefore, neither the State nor the Governor in exercise ... exercise of power to circumvent the restrictive covenant contained in tha....
• India - Gauhati
S.L.SARAF
Finding of the Court: The court found the insurance company's actions to be a colorable exercise of power and an abuse ... of legislative intent, as it attempted to circumvent the provisions of Section 173(2) by filing revision applications. ... Insurance Company - Motor Vehicles Act, 1988 - Abuse of Power and Mala Fide Exercise - Section 173(2) - Legislative Intent to ... This, according to me, is a colourable exercise of power and is an abuse to the letter and spirit of legislative....
1998 0 Supreme(SC) 830 • India - Supreme Court
exercise of power. ... issues involved the legality of the acquisition proceedings, whether the acquisition was for a public purpose, and whether it was a colorable ... Land Acquisition - Public Purpose - The court set aside the acquisition proceedings, finding that the acquisition was initiated to circumvent ... It did not even advert to the question, as alleged by the respondent, that the acquisition was a colourable exercise of power. ... On a perusal of records, it is clear that the acquisition proc....
2025 0 Supreme(Ker) 2174 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. MUHAMED MUSTAQUE, HARISANKAR V. MENON
The appellants contested the acquisition of their land by the State for educational purposes, claiming it was a maneuver to circumvent ... In this writ petition, the very claim of minority status by the school authority was questioned, and the appellants contended that the acquisition was a colourable exercise of power. The learned Single Judge, who heard the matter, dismissed the challenge. ... Such an agreement cannot have any backing of law, and to elevate the status of a contract entered into by the State in exercise#HL_END....
1999 0 Supreme(Guj) 802 • India - Gujarat
H.R.SHELAT
It is therefore open to this court to check whether powers are rightly exercised or there is colourable exercise of powers. ... view even if the party who fails in revision before the lower court prefers the writ petition, the same can be entertained not to circumvent ... cannot now be encouraged entertaining this special petition under Article 226 of the Constitution because no one can be permitted to circumvent ... It is therefore open to this court to check whether powers are rightly exerci....
1982 0 Supreme(Ori) 159 • India - Orissa
P.K.MOHANTI, B.N.MISRA
But if the circumstances surrounding such an order lead to a reasonable inference by a well-instructed mind, that such an order was made in the colorable exercise of power and intended to achieve a sinister purpose and based on irrelevant considerations, then the arm of the court can be extended so as ... The court of law in such cases has thought it, fit and competent for itself to probe in and scrutinise such orders to see if they have been passel for other purposes under colourable exercise of power or if such orders ....
2006 0 Supreme(Mad) 2714 • India - Madras
V.RAMASUBRAMANIAN, D.MURUGESAN
exercise of power and malafide-State acted well within its right-Proceedings held valid. ... of Land-Provision of Land Acquisition Act challenged so far invocation is concerned-In vocation of provisions cannot be held as colourable ... exercise of power and is vitiated by mala fides. ... Consequently, the invocation of the provisions of the Land Acquisition Act, 1894, by the State Government cannot be termed as a colourable exercise of power. ... Mr.Shanthi Bhushan, learned senior counsel appearing for....
2013 0 Supreme(All) 1698 • India - Allahabad
RAJIV SHARMA, SAEED-UZ-ZAMAN SIDDIQI
Even if the contention of the Board’s Counsel to the effect that Section 11-A is not applicable, it would not mean that acquisition proceedings would go on for an indefinite period without any Award or compensation to the land owner because that would be a colourable exercise of power. ... Despite the fact that it is compulsory acquisition, which is in exercise of the State’s power of eminent domain, the Legislature has still attempted to create a balance between compulsory acquisition and rights of owners/interested persons on the other.....
2006 0 Supreme(Del) 1017 • India - Delhi
SHIV NARAYAN DHINGRA, T.S.THAKUR
( 5 ) IN State of Rajasthan and Others Versus Rameshwar Lal Gahlot, 1996 (1) scc 595, the Court held that termination of an appointment made for a fixed or a specified period did not tantamount to retrenchment unless it was found to be mala fide or a colourable
1993 0 Supreme(SC) 618 • India - Supreme Court
K.RAMASWAMY, R.M.SAHAI, S.P.BHARUCHA
mandate and law is a colourable exercise of power by State Legislature cannot be brought under any of Seventh Schedule – Held, Definition ... device to circumvent constitutional mandates effected cosmetic changes in Act and imposed 1 percent fee as development fund to pass ... incompetent to levy sales tax in excess of 4 percent on sale of goods – State Legislature of Haryana found Act a Camouflage and colourable ... The State Legislature of Haryana therefore found the Act a Camouflage and colourable de....
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