Can a High Court Declare a Repealed Provision Ultra Vires?

  Held, that the rule did not empower the Government Agent to deprive a proprietor of his land without acquisition and compensation. Any rule purporting to do so would be ultra virus.   APPEAL from judgment of the Magistrate, Vavuniya. H. W. ... Irrigation Ordinance-Power to cut effacing-l across "paddy field-Payment of compensation-Hitless franked under Ordinance- -Ultra #HL_STA....

2025 0 Supreme(Kar) 219

(v) It is hereby declared that if fee has been earlier collected for change of land use or while approving a layout plan, fee shall not be collected for subsequent ‘Development Plan’ in terms of the ‘Note’ found below TABLE-I of Rule 37-A of the Karnataka Planning Authority Rules ... Importantly, it was also held that if a fee has been previously collected for change of land use or approval of layout plan, no further fee ....

2024 Supreme(BD)(SC) 14290

be declared to be ultra been repealed ... be declared of 2002) (Annexure-‘F’) published in the Bangladesh Gazette on 03.04.2002 should not

The accused has appealed on the ground that the rule is ultra vires. The question raised is an important one, and not free from  difficulty, and I regret that I have not had the opportunity of hearing counsel on behalf of the respondent. ... Held, that the rule was ultra vires. " Even supposing that, in consequence of Ordinance No. 8 of 1916, such a rule could - b....

2023 0 Supreme(Cal) 310

But, later on such amendment was declared ultra vires vide order dated 4th July, 2014 of this Court. The writ petitioner had the opportunity to press this matter previously before the Hon’ble Court, but she failed to do so for reasons best known to the writ petitioner. ... But, the amendment of 2011 to the Rules of 2022 was purportedly declared ultra vires by this Court. 6. ... Since the writ petition was....

2022 Supreme(Online)(Bom) 3766

The Explanations to Notification No. 20 of 2021 dated March 31, 2021 and Notification No. 38 of 2021 dated April 27, 2021 are declared ultra vires and are, therefore, bad in law and null and void. ... 51. All the impugned notices issued under S.148 of the Act are quashed and set aside. ... This means that as a result of repeal of a statute the statute as repealed ceases to exist with effect from the date of such repeal but the repeal does....

2023 0 Supreme(HP) 346

On the strength of aforesaid communication, it has been contended on behalf of the petitioners that Rule 6 of 2017 rules was not in consonance with the above decision of the State Government and hence non-inclusion of the prescription of age limit in terms thereof in 2017 rules is ultra-vires the Constitution ... In light of what has been observed above even the fact that post of ADA was subsequently declared as Class-I (G....

2025 Supreme(Online)(Mad) 66091

This writ of declaration has been instituted to declare Rule 8 of the National Highway Fee (Determination of Rate and Collection) Rules, 2008 as ultra virus to the Constitution of India . 3. ... Highways Act is to be declared as unconstitutional. ... Schedule 7 List - I (Union List) Entry-23 enumerates "Highways declared by or under Law made by Parliament be National Highways". Entry 96 denotes that "fee....

2025 Supreme(Online)(Kar) 20082

(v) It is hereby declared that if fee has been earlier collected for change of land use or while approving a layout plan, fee shall not be collected for subsequent ‘Development Plan’ in terms of the ‘Note’ found below TABLE I of Rule 37-A of the Karnataka Planning Authority ... Grant an order declaring that the entire Karnataka Municipal Corporations and Certain other Law (Amendment) Act, 2021 (Karnataka Act No.1/2022) notified on 13/1/2....

2024 Supreme(Online)(ALL) 3685

The present proceedings have all taken place under the New Act as earlier Act has been declared ultra virus by the High Court. It is to be noted that in the New Act entry tax is leviable on the goods that are mentioned in the schedule. ... Counsel appearing on behalf of the petitioner submits that the Act was held to be ultra virus by the High Court, Allahabad and the matter is pending before the Supreme ....

2020 0 Supreme(Kar) 164

Therefore, in our view, the provision of sub-rule (5) of rule-36 is not ultra virus of the said Act of 1957. The guarantee cannot be invoked if the licence holder is not at all liable to pay the royalty. There is nothing to show that it violates any Constitutional provision.

2019 0 Supreme(Guj) 1124

The Act, 2002 was declared ultra virus to Article 14 and 16 on the ground that it did away with 'Catch up Rule'. The State of Karnataka thereafter, carrying out necessary exercise, enacted Karnataka Extension of Consequential Seniority to Government Servants Promoted on the Basis of Reservation (to the Posts in the Civil Services of the State) Act, 2018. The constitutional validity of the Act, 2018 was examined in B.K. Pavitra-II. The challenge was upheld, holding that while ....

2012 0 Supreme(Kar) 653

The condition stipulated at Clause B- Recruitment of in-service candidates - Sl.No.3 of the Notification CJRC 1/2010 dated 6th August 2011 is in consonance with the amended Rule 4 of the Rules. Consequently, the impugned Rule cannot be declared as ultra vires. In my considered opinion, the impugned Rule meets the two tests, noticed supra.

2012 0 Supreme(Bom) 2130

Such discrimination cannot stand the principle of equality as the basic feature of the Indian Constitution. It is, therefore, required to be declared ultra virus the Constitution.

2012 0 Supreme(Ker) 120

Therefore even if it is assumed that section 15 of the MMDR Act did not authorise the State to make Rules for recovery of the minor mineral or its price, so long as section 21(5) of the MMDR Act remained in the statute, even in the absence of Rule 58(2), the State could have realized the minor mineral or its price from a person who raises the minor mineral without lawful authority. Therefore, Rule 58 cannot said to be ultra virus the MMDR Act rendering it unconstitutional and unenfor....