During a brief hearing, Advocate A K Dogar argued on behalf of the petitioner and asked the court to declare rule 12 (10) of the Rules of Procedure and Conduct of Business of Senate, 2012 as ultra vires
to the Constitution.
They submitted that Section 15 of Financial Institutions (Recovery of Finances) Ordinance 2001, had been declared ultra vires
of the constitution by the Supreme Court and the LHC through two different judgments.
The appeal court held that imposition of penalties by the LASTMA ultra vires
its power, especially where no platform was established to observe the principles of natural justice.
'Any grant of the abovementioned bonuses without the approval of the President will be considered as an ultra vires
act and thus, constitutes an illegal disbursement of public funds.
'Whether upon a proper interpretation of the instrument establishing the Economic and EFCC and particularly Section 34(1) of the EFCC Act and Article 14 of the African Charter on Human and Peoples Right (Ratification and Enforcement) Act Cap A9 Volume 1 LFN, 1990, the Defendant did not act ultra vires
its statutory powers when it ordered the freezing of the corporate and personal accounts of the Plaintiffs without adhering to the legal, regular and proper procedure for so acting.
They also concluded the 'tying-up' of payment of SSS contribution to OEC issuance is an ultra vires
act since it is not stipulated in the provision of RA 11199.
After hearing the arguments, the court announced the verdict and allowed the petition by declaring the notification of Punjab government ultra vires
Canadian national Richard Morin does not meet the fit and proper criteria of the SECP, and his appointment as MD of country's premier bourse poses serious conflict of interest and ultra vires
of Articles of Association of PSX.
There is also no force in the argument that since SRO 116 has been declared ultra vires
, therefore respondents are no more vested with jurisdiction under the Ordinance of 2001.'
With the Supreme Court striking down (the February 12, 2018 RBI circular on NPAs) as ultra vires
, the issue needs to be relooked by both the RBI and government to arrive at a new regulation that will ensure that financial discipline from borrowers should continue, he told.
The court disagreed with Perez's claim that the agency unlawfully imposed a permanency requirement ultra vires
. Government action is considered ultra vires
if the government entity is not doing the business with which it has been empowered or is doing business in a way that has been forbidden.