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Home Various Acts Practice and Procedure

Statutes – When power is exercised on account of an intent gaining a legitimate goal it can be called colourable exercise of power and the same can be held to have not been exercised bona fide for the end design

by Punjab Law Reporter
March 27, 2022
in Practice and Procedure
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When power is exercised on account of an intent gaining a legitimate goal it can be called colourable exercise of power and the same can be held to have not been exercised bona fide for the end design. The purport and intent can be determined by the Courts to examine the substance of the legislation and it is always the history in the purpose that the facts and circumstances which led into the legislation by applying the directive of lifting the veil to find out whether what is not permissible to being done is being done in an indirect and circuitous method. Whether there is arbitrariness in the said action, whether it is by the legislature or executive and if Article 14 is violated, the satisfaction of the Court has to be arrived at that there has to be substantive unreasonableness in the statute.

State of Punjab v. Gurdial Singh AIR 1980 SC 319,

Tags: COI Art. 14Interpretation of Statutes
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      • East Punjab Urban Rent Restriction Act, 1949
      • Punjab Jail Manual
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      • Punjab Regional And Town Planning And Development Act, 1995
      • Punjab State Agriculture Produce Markets Act, 1961
      • Punjab Town Improvement Act, 1922
      • Punjab Village Common Lands (Regulation) Act, 1961
    • Partnership Act, 1932
    • Passports Act, 1967
    • Pay fixation
    • Pedigree
    • Pension
    • Perjury
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    • Prisons Act, 1894
    • Proclaimed offender
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    • Specific Performance
    • Specific Relief Act, 1963
    • Stamp Act, 1899
    • Stamp duty
    • Stay
    • Suit for declaration / possession
    • Succession Act
    • Suit for recovery of Money
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