...application before the Central Administrative Tribunal, Jabalpur (in short “Tribunal”). The transfer order was mainly assailed on the ground of alleged mala fides and to be a punitive transfer issued in colourable exercise of power. The...Tribunal noticed that the allegations of mala fides were not established and the transfer was not vitiated on any score. Plea of the present Respondent 1 that he and wife...be an outcome of mala fide exercise or stated to be in violation of statutory provisions prohibiting any such transfer, the courts or the tribunals normally cannot interfere with such orders as a...

...find that the learned Judges of the Division Bench seriously erred in accepting the letters patent appeals in view of the finding arrived at by them that mala fides or a colourable exercise of power on...respondents was not sought to be acquired for a purpose which was a public purpose as declared in the third notification or that that notification was necessarily vitiated by any mala fides or colourable exercise of power. He...further observed that according to the rules of evidence it was for the respondents to satisfy the court that there had been a colourable exercise of power because the onus of proof in that behalf was on them. In this situation we do not see how the respondents could be given any relief whatsoever. The acquisition could be struck down only if the declaration contained in the third notification was proved to be vitiated by mala fides or...

...conclusion does not even prima facie flow. The impugned order is based on non-existent grounds. It is vitiated by colourable exercise of power and hence liable to be struck down within the well-settled parameters of judicial review of administrative action.14. Although the appellant tried to suggest a case of mala fides and...colourable exercise of power by stating a...honest though erroneous exercise of power or an indecision is not an abuse of power. A decision, action or instruction may be inconvenient or unpalatable to the person affected but it would not be an...

...vitiated by mala fides or colourable exercise of the power. The notification mentions thus:“Whereas it appears to the Commissioner, Poona Division that lands specified in the Schedule..., the exercise of the power cannot be invalidated on grounds of mala fides or colourable exercise of power so long as the public purpose is shown and the land is needed or is likely to be needed and...to evaluate the evidence and come to its own conclusion whether or not there is public purpose unless it comes to the conclusion that it is a mala fide or colourable exercise of the power. In other...

...applicant was thus a lawful consequence of his ineligibility and not an act of arbitrariness or discrimination. The respondents deny all allegations of mala fides, colourable exercise of power, or violation..., discriminatory, violative of Articles 14 and 16 of the Constitution, and constitute a colourable exercise of power. He claims that repeated representations submitted by him yielded no result, leaving him...that the Jammu and Kashmir Services Selection Board, being a statutory body, is duty-bound to ensure that only eligible candidates are recommended for appointment. The non-recommendation of the...

...mala fides, colourable exercise of power, or total absence of material leading to the formation of satisfaction by the disciplinary authority. 11. In view of the... 10 of such review is limited to examining whether the power has been exercised mala fide, arbitrarily, or without any material...authority on issues of national security. 12 10. The Tribunal has also taken note of the fact that the...

...matters for judicial review. No criticism being levelled against the alignment and the design as may be attributable to mala fides, colourable exercise of power or other elements which tantamount to...as being arbitrary or mala fide, the finalisation of the alignment of a railway line, particularly that of a metro project and the design, manner and location of the stations in that project, are not...

...mala fides or colourable exercise of power. Article 25(1) of the Universal Declaration of Human Rights declares that “everyone has the right to a standard of living adequate for the health and well...inquiry under Section 5-A. The appellants challenged the validity of the notification under Section 4(1) and the exercise of the power given under Section 17(1) read with Section 17(4) dispensing with the...improvements of any kind or planned development. It would, therefore, be clear that the State Government is statutorily empowered to exercise the power under Section 17(4). When the Government forms an...

...incompetent authority, in violation of a statutory provision, or is vitiated by mala fides or 10 colourable exercise of power. In.... 12 14. I also find no substance in the allegation of mala fides. The applicant has made a general allegation that the transfer has been effected with an intention to punish and harass him, but no specific or convincing material has been placed on record to establish personal bias, extraneous consideration or colourable exercise of power. Significantly...of the foregoing discussion, I find that the applicant has failed to establish mala fides, colourable exercise of power, violation of any mandatory statutory provision, incompetence of the authority...

...possession, is a subjective satisfaction based on the material placed before it and it was entitled to great weight unless it is vitiated by mala fides or colourable exercise of power. The Supreme...it is entitled to great weight unless it is vitiated by mala fides, colourable exercise of power or by non-application of mindc) It is not open to the court to make a scrutiny of the...propriety of the subjective satisfaction of the appropriate Government on an objective appraisal of facts. Unless non-application of mind, mala fides or colourable exercise of power is established...

...appears to have been taken after examining the relevant facts and in conformity with the applicable guidelines. 10.2 Unless petitioner establishes mala fides, colourable exercise of power, or... interpretation is conceivable. The doctrine of mala fides requires proof of deliberate misuse of power, not the...Government." 9.2 Therefore, decision to issue impugned notification dated 13.12.2025 (Annexure-20), passed in exercise of statutory power...

...on record to establish mala fides, colourable exercise of power, or departure from statutory rules so as to warrant interference by this Tribunal. 17. In view of the..., procedural irregularity, or mala fide can be attributed to the respondents. i) In view of the above submissions, it is contended that the Transfer Application is devoid of...process upon being unsuccessful, unless a case of patent illegality, mala fide, or violation of statutory provisions is established. The applicants herein willingly participated in the...

...Jacie, there is some strong ground for holding that the particular acquisition is outside the power of Eminent Domain.Equally, a ground of attack such as “mala fides “ or a colourable exercise of...acquisition was mala fide, being a colourable exercise of power—the land was not suitable for the public purpose, as it was lower in level than the existing colony, and separated therefrom by the channel...of the power has been mala fide or colourable. Vide the observations of this Court in Gangadara Mudaliar v. State of Madras(1) a judgment to which one of us was a party. Precisely as...

...Court finds no element of mala fides, colourable exercise of power or contumacious conduct on the part of the respondent- State. 16. In view of the foregoing...by the State Government by amending Rule 11 of the Chhattisgarh Medical Post Graduate Admission Rules, 2025 on 22.01.2026 is ex facie arbitrary, illegal and vitiated by mala fides, inasmuch as it seeks...circumstances of the case including claim in subject dispute." 3. Learned Senior Counsel for the petitioner submits that the entire exercise undertaken...

..., arbitrariness and the like, or the transfer is actuated by mala fides and in colourable exercise of power to transfer. The business here is of running a Bank, which may have special considerations as Bankers...always open to adjustments in the exigencies of administration, a right recognized in the employer to make its arrangements to run it affairs unless the transfer is visited by bias, malice...

...and that invocation of Section 10A of the Act was made strictly in public interest. It is therefore submitted that the allegations of mala fides, colourable exercise of power and circumvention of...constitute a colorable exercise of power. It is contended that substantially similar acquisition proceedings relating to the very same lands and public purpose had earlier been initiated in the year 2018 by...nor surplusage. The Legislature consciously employed the phrase while conferring the exemption power and thereby imposed an additional condition precedent governing its exercise. The existence of...

...great weight unless it is vitiated by mala fides or colourable exercise of power. Noticing the earlier judgments of this Court, particularly, Pista Devi...international obligation, formed its opinion of urgency, the court, not being an appellate forum, would not disturb the finding unless the court conclusively finds the exercise of the power mala fide. Providing...” were wholly unjustified. He contended that such an act of the State was in colourable exercise of power. He would submit that the development of a residential colony takes sufficiently long time and...

...fides or colourable exercise of power on the part of the respondents does hot arise at all.10. We may also advert at this stage to the decision of the Supreme Court in...punitive, mala fide or tantamount to colourable exercise of power.5. Admittedly, the impugned order dated 12.1.1987 (copy Annexure P-3) is absolutely innocuous in form. It does not cast any.... Hence, we do not think that repatriation of the applicant to his parent State can, by any stretch of reasoning, be called as punitive or mala fide or colourable exercise of power.6. In...

...) “A. Infrastructure Laws – Roads and Highways – Land acquisition for – Sustainability of challenge to – Mala fides/Colourable exercise of power – Allegations...Act, 1956 – Ss. 3-A, 3-C and 3-D – Civil Procedure Code, 1908 – Or. 6 R. 4 – Administrative Law – Judicial Review – Grounds for judicial review – Mala fides/Colourable exercise of power (Paras 25 to 28.... “(iii) Though, in exercise of the power of eminent domain, the Government can acquire the private property for public purpose, it must...

...law, as arbitrary, illegal, unjust, violative of Principles of Natural Justice, amounts to colourable exercise of power, official mala fides, violative of the Fundamental Rights guaranteed to the...Veedhi, Street No. 3, Vaddadi Madugula Village, Madagula Mandal, Visakhapatnam District for the purpose of construction of Grama Sachivalayam and other Government Offices etc., without due process of...