#ultra vires

The Delhi High Court upheld the eviction provisions under the Senior Citizens Act, confirming that tribunals may direct a respondent to vacate premises to protect a senior citizen’s life and property. It clarified that such orders do not infringe the Domestic Violence Act’s shared household safeguard, impacting seniors facing abuse from co-habitants.

The HP HC rejected the State’s laches defence, holding that delay did not bar the petitioners’ right to challenge the Recruitment Act or seek relief grounded in their contractual service.

The Calcutta High Court ruled that Section 17 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 exceeds the scope of Section 30 of the Advocates Act, 1961, thereby affirming the right of senior citizens to be represented by a chosen advocate before the Maintenance Tribunal. This ensures tribunals cannot deny legal counsel, strengthening procedural safeguards for elderly litigants.

The Allahabad High Court quashed orders directing an officiating headmaster to surrender charge to an ad hoc principal, ruling that government officials cannot assume the statutory functions of a non-existent Committee of Management. This sets a critical precedent for school governance: administrative actions in educational institutions require compliance with statutory bodies, not unilateral directives.

The Madhya Pradesh High Court has ruled that once a bidder relies on tender conditions-such as a guaranteed 45-day mela duration-the government cannot arbitrarily shorten it. This reinforces the principle of legitimate expectation in public procurement, protecting contractors who invest time and capital based on official terms, and sets a precedent for enforcing contractual integrity against administrative overreach.

The Madhya Pradesh High Court holds that once a public officeholder's tenure ends, they lose all legal standing to challenge subsequent appointments-even if the appointment is allegedly ultra vires. This clarifies that only current officeholders or directly affected parties may seek judicial review of administrative appointments, reinforcing the principle that standing is tied to present legal interest, not past office.

The Madhya Pradesh High Court struck down Rule 18 of the 2022 Mineral Rules for imposing fines above Rs.5 lakh, holding it ultra vires Section 21(2) of the MMDR Act, 1957. This sets a critical precedent limiting state-level rulemaking in mining regulation and protects miners and transporters from arbitrary penalties beyond statutory limits.

MP High Court Indore declares Section 47-A of the MP Excise Act, 1915 unconstitutional, quashing vehicle confiscation orders passed without due process. The ruling mandates release of confiscated vehicles unless auctioned, reinforcing constitutional protections against arbitrary state action affecting property rights.

Gujarat High Court rules that District Collectors lack authority to impose extra licensing conditions for fireworks manufacturing beyond those prescribed in the Explosives Rules, 2008. The court quashed the state government's Standard Operating Procedure (SOP) dated 21.08.2025 as ultra vires Section 5 of the Explosives Act, reinforcing that rule-making power rests solely with the Central Government. The judgment directs fresh disposal of pending applications within six weeks, setting a precedent against administrative overreach in licensing matters.

Patna High Court holds that Registrar of Co-operative Societies lacks statutory authority to blacklist CA firms; only delisting permitted. Natural justice violated.

Bombay High Court strikes down Rules 23-62 of Bombay Denatured Spirit Rules, 1959, holding they exceed legislative authority and violate constitutional limits on state power.

Kerala High Court strikes down Rule 4(4) proviso limiting free RTI information to 20 pages for BPL persons, holding it ultra vires Section 7(5) of the RTI Act, 2005.

Bombay High Court holds that Registrar cannot issue corrigendum altering substantive content of approved cooperative bye-laws without statutory power.