Legal Question in Administrative Law in India

Suppose there is one law brought in by the Government with certain intention to curb / stop some practice. But an officer of the Rule making office representing government interpretate the law in such a manner which is totally against the intention/purpose for which the said law was brought in and by this interpretation of the law, the said practice is brought in to curb which government brought in the law. can this interpretation of law by the officer of rule making department of government can be said to be ultra vires or the entire law is ultra vires


Asked on 7/06/13, 4:38 am

2 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

06.07.2013

Dear Sir / Madam,

It is an issue of misinterpretation of the law. The entire law is not ultra vires. The act of the concerned Government Department official in misinterpreting the law is deemed to be ultra vires.

Regards,

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Answered on 7/06/13, 5:01 am
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

Either file a contempt petition or a fresh writ petition.

To know us better, please click on the links below:

http://www.linkedin.com/pub/rajiv-chandhok/33/7b7/82

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JSR/8713

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Answered on 7/07/13, 10:31 pm


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