doctrine of ultra vires

307 views 4 replies
please explain about ultra vires,intra vires, implied powers with referred case law example
Replies (4)
Ultra vires means it is violating the provisions... And implied power means which came through by act in itself.. No specific stated in act..

Ultra vires is a Latin phrase meaning "beyond the powers". If an act requires legal authority and it is done with such authority, it is characterised in law as intra vires ("within the powers"). If it is done without such authority, it is ultra vires.

‘Implied power’ is something that has existence by virtue of express power and is something without which an express power cannot be exercised.

Ultra Vires - Beyond the powers ,In the context of companies it's beyond the powers conferred by MOA/AOA ,if any act done without the authority of company's it shall be Ultra Vires and Void ,Other party cannot claim for any damages from company ,Also 100% consent of shareholders cannot ratify it ...so void ab initio.

intra vires - Like within the authority but outside the scope of person authorised,when directors go beyond their powers or do any act which is vested in general meeting ,then can be ratified by shareholders ..

Implied Power - Simply inherited powers ,Directors are entrusted with implied powers of managing the affairs of company in the best interest of shareholders and company itself ..

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 09 June 2026
Article Trainee

Numbertree LLP

Mumbai

CA Inter

View Details
Company
ARTICLESHIP 28 June 2026
Article Assistant

Sharma Chetan And Company

Gurgaon

CA Inter

View Details
Company
25 June 2026
AUDIT MANAGER

JDAS & ASSOCIATES

New Delhi

CA

View Details
Company
ARTICLESHIP 08 June 2026
Internal & Taxation Article

O P Bagla & Co LLP

New Delhi

CA Inter

View Details
Company
24 June 2026
Chartered Accountant - GST & Direct Tax

APL

Mumbai

CA

View Details
Company
04 June 2026
Semi Qualified CA

Goyal Puneet & Associates

New Delhi

CA Final

View Details
Company
Featured 24 June 2026
HEAD - AUDIT AND TAXATION

A R JADHAV AND ASSOCIATES

Mumbai

CA Inter

View Details
Company
ARTICLESHIP 18 June 2026
Article Assistance

RB KESHRI & CO.

Mumbai

CA Inter

View Details