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inter-State trade-
Vilidity of-Act whether wholly ultra vires and void.
HEADNOTE:
The appellant company, having its registered office ... characterized the
notice ' under s. 13(5) as ultra vires and illegal and
called upon the Sales Tax authorities
Supreme Court of India
distinguished.
The question whether a provision is ultra vires or not
cannot obviously be decided by any of the authorities ... that they are based on a provision
which is ultra vires. This is a case in which the
entrustment
Supreme Court of India
would operate in cases where the charging
provision is ultra vires. [681 A-B, G-. 684 C-D]
(3) Challenge ... provisions of the particular Act as
ultra vires cannot be brought before Tribunals constituted
under that Act. Eve,, the High
Supreme Court of India
Bombay
Sales Tax Act (XXIV of 1952) was not ultra vires the State
Legislature on the ground that it contravened ... Bombay Sales Tax Rules, 1952, was ultra
vires in so far as it provided that in order that sales
mentioned
Supreme Court of India
levied
under ultra vires part of section-Suit for refund-
Maintainability-Limitation.
HEADNOTE:
The appellant-company was carrying ... empowering the State to assess indivisible building
contracts was ultra vires the powers of the State
Legislature. On 23rd March
Supreme Court of India
natural justice; (2) Both clauses (1)
and (3) were ultra vires and void on the ground of their
being ... these are to be treated as most
confidential is ultra vires on the ground of its being in
excess
Supreme Court of India
Contention raised that provision of
law is ultra vires as violating fundamental
rights--Contention not considered but petition dismissed ... that they did not know that the
section was ultra vires on the particular ground on which
this Court struck
Supreme Court of India
contention before
it that the said circular is ultra vires the provisions of Section 90
and Section ... Direct Taxes cannot issue any
instruction, which would be ultra vires the provisions of the
Income-tax Act, 1961. Inasmuch
Supreme Court of India
where action is taken under a
statute which is ultra vires the Constitution; (2) where the
statute is intra vires ... jurisdiction; and (3) where the action taken is procedurally
ultra vires as where a quasi-judicial authority under an
obligation
Supreme Court of India
impugned Act and
the rules made thereunder were ultra vires the powers of the
State Legislature, the cess levied thereunder ... statute
passed by the State Legislature thereunder was ultra vires
would be whether the requisite declaration under Entry 54,
List
Supreme Court of India
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