colourable exercise of power Archives

“Law can’t change with change of Bench”; Supreme Court directs refund to Adani Power; quashes customs duty on electricity supplied from SEZ to DTA

“The discipline of precedent is not a matter of personal predilection; it is an institutional necessity. Stare decisis et non quieta movere… is a working rule which secures stability, predictability and respect for judicial outcomes. The law cannot change with the change of the Bench.”

Case Briefs High Courts

‘Arbitrary, illegal and in colourable exercise of power’; P&H HC directs Union Bank of India to refund forfeited amount deposited by auction purchaser

The bank has acted in an arbitrary and illegal manner by claiming that the entire bid amount shall be deposited by the petitioner, while on the other hand, avoiding the question of the supervening legal impossibility, which debarred them from issuing Sale Certificate or handing over the physical possession of the property to petitioner.

Case Briefs Tribunals/Commissions/Regulatory Bodies

CCI | Can BCI be covered under the ambit of an ‘enterprise’ under S. 2(h) of Competition Act? Read why it was asserted that BCI misused its dominant position

Competition Commission of India (CCI): The Coram comprising of Ashok Kumar Gupta (Chairperson) and Sangeeta Verma and Bhagwant Singh Bishnoi (Members), considered

Op Eds OP. ED.

Increase of threshold — Insolvency and Bankruptcy Code, 2016 | An Act done in Haste?

by Wasim Beg* & Swarnendu Chatterjee**

Case Briefs High Courts

Madras HC | Relief to Indonesian spa therapist booked under Immoral Traffic (Prevention) Act; Police rebuked for colourable exercise of power

“Urgent need to get out of the preconditioned mind of the majority who unfortunately see Spas and Massage Centres as brothel houses.”