Colourable Alteration - Law Dictionary Search Results
Home Dictionary Name: colourable alterationColourable alteration
Colourable alteration. An alteration or imitation calculated to deceive or otherwise conceived for the purpose of passing off goods as goods of a different make or to evade copyright or trade marks or other rights or property....
Under the colour of duty
Under the colour of duty, the expression 'under colour of something' or 'under colour of duty', or 'under colour of office', is not infrequently used in law as well as in common parlance. Whether or not when the act bears the true colour of the office or duty or right, the act may be said to be done under colour of that right, office or duty, it is clear that when the colour is assumed as a cover or a cloak for something which cannot properly be done in performance of the duty or in exercise of the right or office, the act is said to be done under colour of the office or duty or right, Virupaxappa Veerappa Kadampur v. State of Mysore, AIR 1963 SC 849 (852): (1963) 2 Supp SCR 6; see also Bhanuprasad Hariprasad Dave v. State of Gujarat, AIR 1968 SC 1323. [Bombay Police Act, 1951 (22 of 1951), s. 161(1)]...
Colourable
Colourable, 'Colour', according to Black's Legal Dictionary, is 'an appearance, semblance or simulacrum, as distinguished from that which is real.... a deceptive appearance.... a lack of reality'. A thing is colourable which is, in appearance only and not in reality, what it purports to be. In Indian terms, it is maya. In the jurisprudence of power, colourable exercise of or fraud on legislative power or, more frightfully, fraud on the Constitution, are expressions which merely mean that the legislature is incompetent to enact a particular law although the label of competency is stuck on it, and then it is colourable legislation, R.S. Joshi v. Ajit Mills Limited (1977) 4 SCC 98: (1978) 1 SCR 338: AIR 1977 SC 2279 (2286). (Constitution of India, Art. 246)...
Act done under colour of office
Act done under colour of office, an act is not done under colour of an office merely because the point of time at which it is done coincides with the point of time the accused is invested with the powers or duty of the office. To be able to say that an act was done under the colour of an office one must discover a reasonable connection between the act alleged and the duty or authority imposed on the accused by the Bombay Police Act or other statutory enactment. Unless there is a reasonable connection between the act complained of and the powers and duties of the office, it is difficult to say that the act was done by the accused officer under the colour of his office, State of Maharashtra v. Narhar Rao, AIR 1966 SC 1783 (1785): (1966) 3 SCR 880. See also AIR 1963 SC 849. [Indian Penal Code, 1860, s. 161(1)]...
Colour
Colour, a term of the ancient rhetoricians, and early adopted into the language of pleading. It was an apparent or prima facie right; and the meaning of the rule, that pleadings in confession and avoidance should give colour, was that they should confess the matter adversely alleged, to such an extent, atleast, as to admit some apparent right in the opposite party, which required to be encountered and avoided by the allegation of new matter colour was either express, i.e., inserted in the pleading, or implied, which was naturally inherent in the structure of the pleading, Steph. Plead. 233. Express colour was abolished by (English) C.L.P. Act, 1852, s. 64....
Colourable legislation
Colourable legislation, the doctrine of colourable legislation does not involve any question of bona fides or mala fides on the part of the legislature. The whole doctrine resolves itself into the question of competency of a particular legislature to enact a particular law. If the legislature is competent to pass a particular law, the motives which impelled it to act are really irrelevant. On the other hand, if the legislature lacks competency, the question of motive does not arise at all. Whether a statute is constitutional or not is thus always a question of power. The idea conveyed by the expression is that although apparently a legislature in passing a statute purported to act within the limits of its powers, yet in substance and in reality it transgressed these powers, the transgression being veiled by what appears, on proper examination, to be a mere pretense or disguise, K.C. Gajapathi Narayan Deo v. State, (1954) SCR 1: AIR 1953 SC 375. See also Gullapalli Nageswara Rao v. Andh...
Under Colour of Office
Under Colour of Office, do not mean the same thing as 'by virtue of'. Any rightful act in office is by virtue of office and a wrongful act in office may be under colour of office. An act may none the less be under colour of office, however, unreasonable it might be, and although itmight be done in mistaken exercise of duty or authority, Emperor v. Amimiya Imammiya, AIR 1948 Bom 197: (1947) 49 Bom LR 829....
Alteration
Alteration. An alteration vitiates a deed or other instrument, if made in a material part after execution. In the case of deeds, an unexplained alteration is presumed to have been made at the time of execution; but it is otherwise with wills. See (English) Wills Act, 1837 (7 Wm. 4 & 1 Vict. c. 26), s. 21.As to alteration of a bill of exchange, see s. 64 of the Bills of Exchange Act, 1882, by which, where a bill is materially altered without the assent of all parties liable on it, the bill is avoided, except as against a party who has himself made, authorized, or assented to the alteration, and subsequent indorsers. But if the alteration is not apparent, and the bill is in the hands of a holder in due course, such holder may avail himself of the bill as if it had not been altered, and may enforce payment of it according to its original tenor. In particular the following alterations are material, namely, any alteration of the date, the sum payable, any alteration of the date, the sum pay...
Material alteration
Material alteration, A material alteration is one which varies the rights, liabilities, or legal position of the parties as ascertained by the deed in its original state, or otherwise varies the legal effect of the instrument as originally expressed, or reduces to certainty some provision which was originally unascertained and as such void, or which may otherwise prejudice the party bound by the deed as originally executed, Loonkaran Sethia v. Mr. Ivan E. John, AIR 1977 SC 336 (347): (1977) 1 SCC 379: (1977) 1 SCR 853.The material alterations contemplate change of substantial nature affecting the form and character of the building. Many a time tenants make minor constructions and alterations for the convenient use of the tenanted accommodation. The legislature does not provide for their eviction; instead, the construction so made would furnish ground for eviction only when they bring about substantial change in the front and structure of the building. The essential element which needs ...
Colour of office
Colour of office, when an act is unjustly done by the countenance of an office, being grounded upon corruption, to which the office is as a shadow and colour, Plowd. 64....
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