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binay (advocate)     29 July 2013

What is ultra-virus

Plz share your valuable opinion regarding the ultra-virus, whether some rule/section/article is violating the constitutional right or whether the rule is violating the section/article of the act or whether a rule which has no support from the act or a rule which was framed without proper provision of the act or whether any article/section/rule violating the preamble of the act, dear friends and seniors plzz clarify me the ultra-virus with explanation.



Learning

 2 Replies

Amit Gupta (Advocate)     29 July 2013

Theory of Ultra virus relates to contitution. indian constitution says any law which is contrary to the provisions of Constitution is ultra virus, and that has no binding effect. when ever a new law is passed and we feel that any provision of such act is against the provisions of constitution we can chalange the same in High court or supreme court. for instance the Bar Dance was closed by the Maharastra Govt, and notification was challanged on the ground that the same violates the right of life and livlyhood, and the same was quased and set aside by the Bombay high court and upheld by the Apex Court.

regards

binay (advocate)     01 August 2013

thanx Mr.Amit Gupta, but when a rule is not supported by the act, then how it is stand and wht is the rule stand for. is it not ultra-virus to the act.


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