ultra vires Archives

‘Additional Special Road Tax not manifestly unjust’; Supreme Court upholds validity of Section 3A (3) of Himachal Pradesh Motor Vehicles Taxation Act, 1972

The State of Himachal Pradesh had appealed against the High Court’s decision which held Section 3A (3) of Himachal Pradesh Motor Vehicles Taxation Act, 1972 as ultra vires of the powers conferred upon the State Government under the Constitution of India. The Supreme Court set aside the said judgment of Himachal Pradesh High Court upholding the validity of Section 3A (3) and related notifications.

Case Briefs High Courts

Allahabad High Court| Conditions required for granting permission to a bhumidhar, clearly specified under the U.P Revenue Code and Rules; Other reasons to reject the application, renders discretionary power ultra vires and invalid

Allahabad High Court: In a writ petition filed against the order passed by the Collector under Section 98(1) of U.P.

Case Briefs High Courts

Delhi High Court strikes down R. 14(2)(b) of Building & Other Construction Workers Welfare Cess Rules, 1998 being ultra vires the provisions of S. 11 Building and Other Construction Workers Welfare Cess Act, 1996

Delhi High Court: In a petition filed challenging the vires of Rule 14 of Building & Other Construction Workers Welfare

Case Briefs High Courts

Orissa High Court | Notification exempting Orissa Vigilance Department from the purview of RTI is ultra vires of RTI Act, 2005

Disclosure is the norm and refusal to information, an exception

Case Briefs High Courts

Cal HC │ Whether the orders passed under a repealed Act be executed? Court discusses

Calcutta High Court: Rajasekhar Mantha, J. disposed of a petition observing that the Supreme Court is the only authority to clarify whether

Case Briefs High Courts

Ori HC | Whether Proviso to Sub-Section (5) of S. 43 of Real Estate (Regulation and Development) Act, 2016 is ultravires of Constitution of India? HC denies

Orissa High Court: A Division Bench of S.K. Mishra and Savitri Ratho, JJ., dismissed the petition being devoid of merits. The instant

Case Briefs High Courts

Pat HC | Bar on compassionate appointment of a child born out of second marriage void, as S. 16 of Hindu Marriage Act confers legitimacy on such child

Patna High Court: The Three-Judge Bench of Ashwani Kumar Singh, Birendra Kumar and Anil Kumar Upadhyay, JJ. disposed of an appeal arising

Case Briefs High Courts

Ordering re-poll during pendency of an enquiry before Deputy Commissioner, is not ultra vires of J&K Panchayati Raj Act

Jammu & Kashmir High Court: A Single Judge Bench of Dhiraj Singh Thakur, J., dismissed a writ petition filed against the order

Case Briefs Foreign Courts

Regulation 3 of the National Pension Scheme (Benefits and Eligibility) Regulations 2000 declared ultra vires the National Pension Scheme Act, 1996

Supreme Court of Zambia: An appeal was filed before a 3-Judge Bench comprising of M. Malila, C. Kajimanga and J.K. Kabuka, JJS.,

Case Briefs High Courts

Penalty imposed by Human Rights Commission quashed by HC

Karnataka High Court: A Single Judge Bench comprising of Vineet Kothari, J., decided a writ petition filed under Articles 226 and 227