Home List Manuals Indian LawsIndian Laws - GeneralDefinition / Legal Terminology / Words & Phrases This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
Doctrine of ultra vires - Indian Laws - GeneralExtract Doctrine of Ultra vires Doctrine of ultra vires refers to an act done without any authority to act on that subject. The term has a broad application and includes not only acts prohibited, but acts which are in excess of the powers conferred. In simple terms it means 'beyond the powers' or 'without authority'. In the decision in Union of India and Others v. S. Srinivasan [ 2012 (7) TMI 710 - SUPREME COURT] referring to the rule-making powers of a delegate, it has been held that ...... If a rule goes beyond the rule-making power conferred by the statute, the same has to be declared ultra vires. If a rule supplants any provision for which power has not been conferred, it becomes ultra vires.
|