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
Rules framed under Section 36 of the Act as being ultravires.
4. Heard the counsel for the petitioners and the respondents ... absence of any such enabling provision, such a rule enacted is ultravires of the Act and is also arbitrary.
6. In support of his argument
Registration, Administration &
Grant-in-Aid etc.) Rules, 2006 as unconstitutional and
ultravires of the Constitution of India and the Karnataka
Education Act, 1983: Annexure ... short 'the said Rules of
2006') are unconstitutional and ultravires the Constitution of
India and the Karnataka Education Act, 1993. In this context
well settled. If the action
is wholly without jurisdiction or is ultravires to the
power, the existence of alternative remedy ... view, if the action is wholly without
jurisdiction or is ultravires to his power, such order
would fall in the category of exceptional case
Committee to employ its officers and servants, the said rule would be ultravires. In support of this submission reliance was placed on Bisweswara Daya Singh ... conferred under Section 61 of the Act, such a rule would be ultravires and invalid and has to yield to the provisions of Section
ARBITRARY, VIOLATIVE OF
ARTICLE 14 OF THE CONSTITUTION OF INDIA AND HENCE,
ULTRAVIRES THE CONSTITUTION OF INDIA AND QUASH THE
PETITION DATED 26.12.2005, PENDING BEFORE ... appearing for the petitioners' counsel contends that
Section 178-A is ultravires the Constitution of India. That
in terms of the said Section
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
ORDER, 2020 ISSUED VIDE NOTIFICATION DATED
15.01.2020 AT ANNEXURE-F AS BEING ULTRAVIRES AND CONTRARY
TO THE BUREAU OF INDIAN STANDARDS ... vide Notification No. 205(E)
dated 15.01.2020 at ANNEXURE F, as being ultravires
and contrary to the Bureau of Indian Standards Act,
2016 ;
(b) Issue
stood the test of
time cannot be held to be unconstitutional or ultravires the
6
constitution merely because the petitioner is denied a
concession ... Karnataka Civil Services
(Appointment on Compassionate Grounds) Rules,
1996 are ultravires the Constitution for it offends
Article 14 of the Constitution of India
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
