Doctrine Of Ultra Vires In Company Law Pdf

Neither the company can sue nor it can be sued for such acts ashbury railway carriage and iron company v. The memorandum is the most crucial document for a company. The doctrine of ultra vires and judicial review of administrative action.

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The first time the strict doctrine of ultra vires was tempered by the house of lords was in 1880 in an application for a perpetual injunction with regard to a contract entered in this instance by a company incorporated by statute.

Doctrine of ultra vires in company law pdf. Pdf doctrine of ultra vires in company law agrey. The company being an artificial person its objects and powers are specified in the memorandum of association moa of the company. Ultra vires doctrine in the companies act 1965. These acts are not binding on the company.

It established its roots in 1875 when the directors and company of the ashbury railway carriage and iron company limited v hector riche 1874 75 l r. Doctrine of ultra vires has provides protection to the investors and creditors o the company. Effects of ultra vires transactions doctrine of ultra vires. The concept of ultra vires in the company law the ultra vires mean to go beyond the object clause of a memorandum of association of a company.

Section associated with the doctrine of ultra vires of the companies act is section 20 1 20 2 a b c and 20 3. It states that the objects of a company as specified in its memorandum of association can be departed from only to the extent permitted by the act. Section 20 1 provides no action prosecuted as an act of shall be invalid by reason only the fact that the company does not have the ability or authority to act. 653 as decided by the house of lords.

The ultra vires acts are null and void ab initio. 2 issue 7 human being5 thus in the case of sutton s hospital of the year despite the fact that the company had a separate existence in the eyes of law the doctrine of ultra vires did not apply. 3 p a g e journal on contemporary issues of law jcil vol. The doctrine of ultra vires is a fundamental rule of company law.

The doctrine of ultra vires could not established its roots.