Is there any difference beween Ultra Vires Laws and Invalid Laws? or are they the same?
N.K.Assumi (Advocate) 19 August 2009
Is there any difference beween Ultra Vires Laws and Invalid Laws? or are they the same?
R.R. KRISHNAA (Legal Manager) 19 August 2009
Ultra vires means beyond the powers. When an statutory authority passes an order or direction which is beyond its powers then it can be called as ultra vires.
Invalid law is something which is not valid and not binding in the eye of law.
Anil Agrawal (Retired) 19 August 2009
The touchstone on which all laws are tested is the Constitution. If the Centre or the State, as the case may be, passes a legislation which infringes uponthe provisions of the Constitution or is not within their LIST, the law is declared ultra vires. If the law is ultra vires of the Constitution, naturally it is an invalid piece of legislation and has no sanctity.
AEJAZ AHMED (Legal Consultant/Lawyer) 19 August 2009
Dear Assumi Ji,
N.K.Assumi (Advocate) 19 August 2009
Thank you Krisna and Anil, Thank you for the responds. And Aejaz ji, nice to hear from you after a long time and thank you for the details and the links.
Adinath@Avinash Patil (advocate) 24 August 2009
I agree with AEJAZ
pratik (self working) 15 April 2011
as any tribunal is a statutory authority as per the SC decision but what do u mean by statutory authority.
canany one provide me the hole context of the belowmentioned case law pls.
1) Marutiudyog ltd vs. Ramlal (2005) 2 SC 638.
&
In CIT vs. B.R. Constructions (1999) 202 ITR 222 (AP) CFB.
&
SC in Ssouth India Corp Ltd vs. Secretary Borad of Revenue.
Required the hole case in detail pls any one provide me. it explain in depth of
It is not there in indiankoon.com so pls do the needful
The citation gives the non - obstante clause interpretation by the SC in depth.
Thanks Do Help.