Intra Vires - Law Dictionary Search Results
Home Dictionary Name: intra viresintra vires
intra vires [New Latin] : within the powers [a corporate director acting intra vires] compare ultra vires ...
ultra vires
ultra vires [Latin, beyond the power or means (of)] : beyond the scope or in excess of legal power or authority (as of a corporation) [the agency acted ultra vires] [the agreement was ultra vires] compare intra vires ...
Act of State
Act of State, means not all governmental acts as it does in the French and Continental Systems but only some of them. The term is next used to designate immunities and prohibitions sometimes created by statutes. The term is also extended to include certain prerogatives and special immunities enjoyed by the sovereign and its agents in the business of internal government. the term is even used to indicate all acts into which, by reason that they are official in character, the Courts may not inquire, or in respect of which an official declaration, is bindings on the Courts, State of Saurashrtra v. Meman Haj Ismail, AIR 1959 SC 1383 (1387): (1960) 1 SCR 537.Means acts done against aliens in exercise of sovereign power of the State. The Municipal Courts debarred from entering into the validity of the Act of State, Secretary of State for India in Council v. Kamachee Boyee Sabha, 7 MIA 476. See also Jahangir v. Secretary of State for India, 6 Bom LR 131; Virendra v. State of Uttar Pradesh, 19...
Procedure established by law
Procedure established by law, does not mean due process of law, A.K. Gopalan v. State of Madras, AIR 1980 SC 27.In India as in UK, the legislature is free to lay down any procedure, within the ambit of its legislative power, all that is required to deprive a person of his life or personal liberty is to lay down a procedure by an intra vires enactment, A Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. D, p. 101.In UK the law being State made or enacted and not the general principles of natural justice, procedure established by law means the procedure proscribed by the legislature, A Commentary on the Constitution of India, Vol. D , 6th Edn., p. 101.Means procedure enacted by a law made by the State, that is to say, the Union Parliament or the legislatures of the State, Collector of Malabar v. Erimmal Ebrahim Hajee, AIR 1957 SC 688. (See Constitution of India, Art. 21)Means the procedure prescribed by the law of the State. (Constitution of India, Art. 21)The term ...
Ultra vires
Ultra vires [Lat.] (beyond the powers), said of a corporation or company when exceeding its authority. If the powers are given or acquired at common law or by custom or by charter, the corporation is a person at common law and may do anything which an ordinary person can do [Wenlock (Baroness) v. River Dee Co., (1885) 10 AC 354; British South Africa Co. v. De Beers Consolidated Mines Ltd., (1910) 1 Ch 354], subject to the consequences if the act is prohibited by the Charter or Act of Parliament, or by law directly or indirectly, Jenkins v. Pharmaceutical Society of Great Britain, (1921) 1 Ch 392. On the other hand, a cor-poration or company which is created by or under statute cannot do anything at all unless authorized expressly or impliedly by the statute or instrument defining its powers. An act done ultra vires a corporation means that it is 'an act which the company in general meeting could not authorize, and an act which, if every individual corporator assented to it, would still...
Extra vires
Extra vires, beyond powers. See ULTRA VIRES....
intra-
intra- 1 : within [intrastate] 2 : during [intraday] ...
Summonitiones aut citationes null' liceant fieri intra palatium regis
Summonitiones aut citationes null' liceant fieri intra palatium regis. 3 Inst. 141, (Let no summonses or citations be served within the king's palace). See Att.-Gen. v. Dakin, (1869-70) R 4 HL 338; Combe v. De la Bere, (1881-82) 22 Ch D 316....
Disability
Disability, incapacity to do any legal act. It is divided into two classes: (1) absolute, which, while it continues, wholly disables the person 'such were outlawry, excommunication, attainder (but see the Forfeiture Act, 1870 (32 & 33 Vict. c.23), s. 1, abolishing attainder on conviction for treason or felony), and acts by statutory bodies or corporations in excess of their statutory powers, see ULTRA VIRES; (2) partial, as infancy, coverture, lunacy, and drunkenness. As to which, see the various titles relating thereto. The compulsory purchase, by railway and other companies, of the lands of persons under disability is regulated by the Lands Clauses Acts, and see ULTRA VIRES.It means--(i) blindness; (ii) low vision; (iii) leprosy-cured; (iv) hearing impairment; (v) locomotor disability; (vi) mental retardation; (vii) mental illness. [The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996), s. 2 (i) (i) (ii) (iii) (iv) (v) ...
Sale of goods
Sale of goods, in Entry 48 of List II Sch. VII of the Government of India Act, 1935, 'sale of goods' has the same meaning which it has in the Indian Sale of Goods Act, 1930, that in a building contract there is no sale of materials as such, and that it is therefore ultra vires the powers of the Provincial Legislature to impose tax on the supply of materials, Pandit Banarsi Das Bhanot v. State of M.P., AIR 1958 SC 909 (912): (1959) SCR 427.It is now settled law that the words 'sale of goods' have to be construed not in the popular sense but in their legal sense and should be given the same meaning which they carry in the Sale of Goods Act, 1930. The expression 'sale of goods' is a nomen juris, its essential ingredient being an agreement to sell movables for a price and property passing therein pursuant to that agreement, T.V. Sundaram Iyengar & Sons v. State of Madras, AIR 1974 SC 2309: (1975) 3 SCC 424: (1975) 2 SCR 372.On the true interpretation of the expression 'sale of goods' there...
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