taken under a
statute which is ultra vires the Constitution; (2) where the
statute is intra vires but the action taken is without
jurisdiction ... statute that was ultra vires
could not be equated with one passed under another that was
intra vires, even though erroneous. Unlike the former
Chagla C.J. and Tendolkar J.) held (1)
the Act was intra vires, but (2) that section 4 which autho-
rised the Provincial Government ... aspect might
be intra vires of a Provincial Legislature and yet regarded
from another aspect might also be intra vires of the Domin-
ion Parliament
Chagla C.J. and Tendolkar J.) held (1) the Act was intra vires, but (2) that Section 4 which authorised the Provincial Government to enhance ... aspect might be intra vires of a Provincial Legislature and yet regarded from another aspect might also be intra vires of the Dominion Parliament
where the
provision itself was ultra vires. It was also not disputed
that where the statute was intra vires but the action taken
under ... statute which is
ultra vires cannot be equated with an
assessment order passed by that tribunal under
an intra vires statute even though erroneous
Regularization of Remissions Act (14 of 1938) is or is not intra vires the Legislature of the United Provinces. The reference arises under the following ... ultra vires or whether the Advocate-General is right in his contention that the Act is intra vires. I may mention at the very outset
definitely intra vires of the Constitution, though it may be questionable whether some others are also intra vires or not. In the case before them ... other parts were intra vires or not.
They also held that these parts which were not held to be intra vires, even if they were
taken under an intra
vires statute, but the action taken is without jurisdiction so that the
statute though intra vires does not support ... where action is taken under an ultra vires
statute; (2) where the statute is intra vires, but the action taken is
without jurisdiction
judgment or order of any court in any criminal
case, was intra vires its powers under the, Constitution Act
of 1867. In answering ... debtor of his properties for the
benefit of his creditors was intra vires the powers of the
Dominion Legislature, as being one in respect
Court also noted that a similar provision was held valid
and intra vires by this Court in Mathura Refinery Mazdoor Sangh v.
Deputy Chief Labour ... similar provision and held it to
be constitutionally valid and intra vires Article 14. Since it related to
civil servants under the Union or under
payment of the compensation amount in instalments, the said
Act is intra vires the constitution. Section 11 (1) is
valid only to this extent ... payment of the compensation amount in
instalments, the said Act is intra vires the constitution.
Section 11(1) is valid only to this extent
