Search Results for Tag : ultra vires
Levy of VAT on the sale price of transaction yet to take place not sustainable in law(04.08.2015)
The Delhi High Court struck down Explanation 2 to Section 2 (1) (zd) of the Delhi Value Added Tax (Fourth Amendment) Act, 2012 as being ultra vires t.....
Tags : value added tax, delhi, sale, ultra vires
Blast from the Past
How long does a “caretaker” committee function(07.11.1960)
The Supreme Court of India in 1960 was required to answer whether a municipal committee could continue exercise of its authority after the Act by whic.....
Tags : hyderabad, municipal committee, tenure, repeal, ultra vires
Supreme Court strikes down RBI Circular imposing stringent conditions on lenders(02.04.2019)
Supreme Court has quashed circular passed by RBI on 12thFebruary, 2018, asking banks to classify a loan account as stressed, if there was even a day o.....
Tags : Circular, Condition, Ultra vires
Rajasthan HC Dismisses PIL Seeking Direction to Conduct Census to Centre in Specific Time Frame(20.04.2022)
Rajasthan High Court has dismissed a public interest litigation seeking a direction to Union government to conduct the Census in scheduled timeline, s.....
Tags : Rajasthan High Court, a public interest litigation, Union government, Section 3 of the Census Act, 1948, ultra vires
Karnataka HC Dismisses Plea to Challenge Power of Local Registrar Under Citizenship Rules(05.04.2022)
Karnataka High court has dismissed a petition that seeks to declare the power of the local Registrar as ultra vires for verifying and to scrutinize th.....
Tags : Karnataka High court, citizenship, Citizenship (Registration of Citizen and issue of National Identity Cards) Rules 2003, ultra vires
Rajasthan HC: Respondents Have Right to Legal Representation Before Regulatory Authority/ Tribunal(29.04.2022)
Rajasthan High Court has observed that Section 56 of the Rajasthan Real Estate (Regulation and Development) Act, 2016, inasmuch as it excludes right o.....
Tags : Rajasthan High Court, Section 56 of the Rajasthan Real Estate (Regulation and Development) Act, 2016, Appellate Tribunal, Regulatory Authority, adjudicating officer, ultra vires
SC: Delegated Legislation Which is Ultra Vires to Parent Act Cannot be Given Any Effect(19.12.2022)
Supreme Court while observing that it is the function of the courts to keep all authorities within the confines of the law by supplying the doctrine o.....
Tags : Supreme Court, Ultra Vires, Parent Act
SC: Section 16B of HP General Sales Tax Act Not Ultra Vires to Any Provision of Law(01.05.2023)
Supreme Court while setting aside High Court judgment which held that Section 16B of Himachal Pradesh General Sales Tax (HPGST) is ultra vires to Sect.....
Tags : Supreme Court, Himachal Pradesh General Sales Tax, SARFAESI, Ultra Vires
Kar. HC: Amendment Conferring Magistrate’s Power Upon Executive Authority is Ultra Vires(19.04.2023)
Karnataka High Court has held that Karnataka Registration of Births and Deaths (Amendment) Rules, 2022 which conferred powers on Revenue officials to .....
Tags : Karnataka High Court, Magistrate’s Power, Executive Authority, Ultra Vires
SC: In Absence of any Specific Challenge, Statutory Provision Can't Be Declared Ultra Vires(05.09.2023)
Supreme Court has held that it is a trite law that for striking down the provisions of law or for declaring any rules as ultra vires, specific pleadin.....
Tags : Supreme Court, Ultra Vires, Statutory Provision
SC: New Legislation Passed w/o Curing Defects of Ultra Vires Legislation Would also be Ultra Vires(08.09.2023)
Supreme Court has held that where a legislature merely seeks to validate acts carried out under previous legislation which has been struck down by a C.....
Tags : Supreme Court, Legislation, Defects, Ultra Vires
Del. HC: Rule 8 of Chewing Tobacco & Unmanufactured Tobacco Packing Machines Rules is Valid(08.09.2023)
Delhi High Court while upholding the validity of Rule 8 of Chewing Tobacco and Unmanufactured Tobacco Packing Machines (Capacity Determination and Col.....
Tags : Delhi High Court, Chewing Tobacco, Central Excise Act, Ultra Vires