The Constitutional doctrine of ultra vires

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Offline Mahmud Arif

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The Constitutional doctrine of ultra vires
« on: March 24, 2019, 07:01:19 PM »
This two word, ultra and vires mean Access and Power accordingly, When a person does something that is beyond his jurisdiction shall be declared as ultra vires. Ultra vires acts can be challenged by writ [under Article 102 of Bangladesh Constitution], one of its forms is Public Interest Litigation (PIL); which is a litigation that is intended not for the benefit of one individual but for the benefit of a group of people, PIL can be placed before a court who has no interest on it.

PIL is properly explained in the case S.P. Gupta Vs. Union of India in the judgement it was held that, “Where a legal injury or wrong has happened to a person or persons due to violation of constitutional rights or any other guaranteed rights and the aggrieved persons are not in a position to challenge the illegality due to poverty or helplessness or financial inability or can not got to court such act or cause of action can be brought before the court by any individual who feels that justice must be brought to these aggrieved
persons”

PIL has successfully established in Bangladesh via the case, Dr. Mohiuddin Farooque and Another vs. Bangladesh, 1997 where similar observation like India were made in the case the court held that “Aggrieved party” means not the only person who is personally aggrieved but also one whose heart bleeds for his unfortunate fellow beings for wrong done by the government or local authority not fulfilling it’s constitutional or other statutory obligation.
Arif Mahmud
Lecturer
Department of Law
Daffodil International University
Email: arifmahmud.law@diu.edu.bd
Contact: +8801682036747

Offline Johir Uddin

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Re: The Constitutional doctrine of ultra vires
« Reply #1 on: July 25, 2019, 07:46:38 PM »
Thanks for sharing. The topic is very interesting.
Md. Johir Uddin Shohag
Lecturer
Department of Law
Daffodil International University

Offline Mahmud Arif

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Re: The Constitutional doctrine of ultra vires
« Reply #2 on: July 29, 2019, 11:02:55 AM »
Welcome Mr. Johir  :)
« Last Edit: July 31, 2019, 12:00:36 PM by Mahmud Arif »
Arif Mahmud
Lecturer
Department of Law
Daffodil International University
Email: arifmahmud.law@diu.edu.bd
Contact: +8801682036747

Offline Johir Uddin

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Re: The Constitutional doctrine of ultra vires
« Reply #3 on: July 30, 2019, 09:19:05 PM »
 :)
Md. Johir Uddin Shohag
Lecturer
Department of Law
Daffodil International University

Offline Mahmud Arif

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Re: The Constitutional doctrine of ultra vires
« Reply #4 on: August 25, 2019, 06:16:00 PM »
Doctrine of Ultra vires in respect of a company

Arif Mahmud
Lecturer
Department of Law
Daffodil International University
Email: arifmahmud.law@diu.edu.bd
Contact: +8801682036747