FOREST [AMENDMENT] ACT 2015, ACT
41/2015 [ANNEXURE-G] ARE ILLEGAL AND ULTRAVIRES ETC.,
In Writ Petition No.53986 of 2016:
BETWEEN:
M/s.REACTIVE ... VIRES THE CONSTITUTION AND AGAINST BASIC
STRUCTURE OF THE CONSTITUTION AND ALSO ULTRAVIRES
PROVISIONS OF THE FOREST CONSERVATION ACT, 1980 AND
THE RULES AND ORDERS
clause 11(a) of the Standard
Standing Order holding it to be ultravires the Constitution of India vide
judgment dated 29.11.1990.
10. Counsel ... provision on the basis of which he was terminated held to
be ultravires and the management inspite of sufficient opportunity being
granted did not care
which is prior to 1.4.2014 is per se
without jurisdiction and also ultravires to his
power under the Act.
32. In our view, the learned ... privilege fee is
concerned can be said to be ultravires to his
power under the Act.
34. In view of the above, if an action
READWITH
ENTRY 54, LIST-EI OF THE CONSTITUTION AS ULTRAVIRES,SN**::RY_97,,
LIST-I READ WITH SECTION 65 (109.3) OF THE E1NANC ... TTTE CONSTITUTEQN HS ULTRAVIRES ENTRY 97, LES"?-I
{-2-§*Ez3T'{"?'Yi'f'+J§":i--'§'§ SECTIG
Constitution. The impugned amendment is
liable to be declared to be ultravires and
entrenching upon the field earmarked for the
judiciary as it sought ... impinges upon the judicial power of
the State and is, therefore, ultravires the
Constitution. The Apex Court in Medical Council of
India vs. State
AIDED PRIMARY AND
SECONDARY EDUCATIONAL INSITUTIONS) RULES 1999 BY
HOLDING THEM AS ULTRAVIRES THE CONSTITUTION OF INDIA IN
SO FAR AS THE PETITIONER IS CONCERNED ... AIDED PRIMARY AND
SECONDARY EDUCATIONAL INSITUTIONS) RULES 1999 BY
HOLDING THEM AS ULTRAVIRES THE CONSTITUTION OF INDIA IN
SO FAR AS THE PETITIONER IS CONCERNED
action
of the Central Government, i.e., issue of notification as
ultravires the Act.
21. Whether the Scanner / Scanner Operator is to
be construed ... Section - 12 and whether
such an order of the Central Government is ultravires the
18
Act. Even though it has been argued by the respondent
view, Section 2 of Section 115 of Code of Civil Procedure is ultravires to the Constitution. Prior to the amendment of Section 115 , no revision ... Subordinate Court. Therefore, Section 115 of the Code of Civil Procedure is ultravires to the Constitution to the extent it takes away the jurisdiction
Rules" is not in consonance with the said
Judgment and ultravires of the guidelines/norms in our
considered view.
25. In view of Article ... decision also. Though we have declared sub-rule
(9) of Rule-6 ultravires, we do not propose to strike down the
40
Notification No.1378
PANCHAYATH
& ZILLA PANCHAYATH ELECTED MEMBERS DECLARATION OF
ASSETS) RULES 2010 IS ULTRAVIRES, UNCONSTITUTIONAL AND
LIABLE TO BE STRUCK DOWN AS THE SAME IS CONTRARY ... PANCHAYATH
& ZILLA PANCHAYATH ELECTED MEMBERS DECLARATION OF
ASSETS) RULES 2010 IS ULTRAVIRES, UNCONSTITUTIONAL AND
LIABLE TO BE STRUCK DOWN AS THE SAME IS CONTRARY
