Doctrine Of Ultra Vires In Administrative Law Slideshare

A essential for the fulfillment of the objects stated in the main objects clause of the memorandum. However both are void. The ultra vires act is completely different from an illegal act.

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Doctrine Of Ultravires

Doctrine Of Ultra Vires

Doctrine Of Ultra Vires By Adecia Peacock

Summing up the doctrine of ultra vires.

Doctrine of ultra vires in administrative law slideshare. The doctrine of ultra vires is the basic doctrine in administrative law. Doctrine of ultra vires 1. Hence it is null and void. The doctrine envisages that an authority can exercise only so much power as is conferred on it by law.

There is no separate legal provision in the indian law anywhere for ultra vires transactions. An act ultra vires the company cannot be ratified even by the unanimous consent of all shareholders. If the administrative authority fails to follow required procedure prescribed by parent act or by the general rule it is known as procedural ultra vires. This doctrine can be considered as the central principle in the whole of administrative law.

Types of ultra vires acts. Doctrine ofultra vires s. The ultra vires doctrine is a kind of insurance policy that reassures a company s shareholders and creditors that the company will not use their assets or funds for any purposes other than those that are afforded to it and specified within the ultra vires doctrine. The doctrine of ultra vires is produced by the constitutional principles of the rule of law the sovereignty of parliament and the independence of the judiciary.

An action of the authority is intra vires when it falls within the limits of the power conferred on it but ultra vires if it goes outside this limit. The doctrine of ultra vires and judicial review of administrative action. Exceptions to the doctrine of ultra vires a brief analysis of the doctrine of ultra vires with regard to its consequences would reveal that only those activities of the company shall be valid i e intra vires which are. The motive behind the doctrine of ultra vires is to protect the investors and creditors of the company.

The company being an artificial person its objects and powers are specified in the memorandum of association moa of the company. The concept of ultra vires in the company law the ultra vires mean to go beyond the object clause of a memorandum of association of a company. B incidental or consequential or reasonably within its permissible. An act legal in itself but not authorized by the object clause of the memorandum of association of a company or statute is ultra vires the company.

There are three types of ultra vires acts which. The memorandum is the most crucial document for a company. To apply the doctrine of ultra vires the first question for the courts to decide is whether the provision in the act prescribing the procedure is mandatory or directory. No notes for slide.

The ultra vires act is void act and therefore it cannot be ratified even if all the directors of the company want to ratify the same.