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What is ultra vines?
Vines mean plant whose stem requires support and that climbs by tendrils or twining or creeps along the ground, or the stem of such a plant. Examples include bittersweet, most grapes, some honeysuckles, ivy, lianas, and melons.However if the question asking about "Ultra vires" not "Ultra vines" then it means:"In corporate law, ultra vires describes acts attempted by a corporation that are beyond the scope of powers granted by the corporation's objects clause, articles of incorporation or in a clause in its Bylaws, in the laws authorizing a corporation's formation, or similar founding documents. Acts attempted by a corporation that are beyond the scope of its charter are void or voidable.An ultra vires transaction cannot be ratified by shareholders, even if they wish it to be ratified.The doctrine of estoppel usually precluded reliance on the defense of ultra vires where the transaction was fully performed by one party.A fortiori, a transaction which was fully performed by both parties could not be attacked.If the contract was fully executory, the defense of ultra vires might be raised by either party.If the contract was partially performed, and the performance was held to be insufficient to bring the doctrine of estoppel into play, a suit for quasi contract for recovery of benefits conferred was available.If an agent of the corporation committed a tort within the scope of his or her employment, the corporation could not defend on the ground the act was ultra vires."Refer to link below for more details.
what are the securities of ultra vires act?
It permitted a corporation to accept the benefits of a contract and then refuse to perform its obligations on the ground that the contract was ultra vires. The doctrine also impaired the security of title to the property in fully executed transactions in which a corporation participated. Therefore, the courts adopted the view that such acts were VOIDABLE rather than void and that the facts should dictate whether a corporate act should have an effect.
What is the meaning of the phrase ultra vires?
ultra vires (latin) refers to acting beyond one's powers i.e. with regard to what is provided for by law. delegated statutes for example are expected to be set within the constraints of the country's constitution. any by- laws that exceed the limitations of provided for by a constitution will be deemed ultra vires as by-laws as the constitution is superior to delegated law and will be considered null and void to the extent of its difference.
Is the Australian bikie legislation ultra vires of the Australian constitution?
Not on the surface. The Austalian constitution does not confer unrestrained freedom of speech. In fact we only enjoy the implied right to freedom of political opinion. I don't doubt there are various organised crime acts that would further justify the bikie laws.
What is the ultra doctrine?
what is the ultra vires doctrine?Ultra vires is a Latin phrase that literally means "beyond the powers". Its inverse is called intra vires, meaning "within the powers". It is used as a legal term in a number of common law contexts.Corporate lawIn corporate law, ultra vires describes acts attempted by a corporation that are beyond the scope of powers granted by the corporation's Articles of Incorporation or in a clause in its Bylaws; in the laws authorizing its formation, or similar founding documents. Acts attempted by a corporation that are beyond the scope of its charter are void or voidable.Basic principles included the following:1. An ultra vires transaction cannot be ratified by all the shareholders, even if they wish it to be ratified.2. The doctrine of estoppel usually precluded reliance on the defense of ultra vires where the transaction was fully performed by one party3. A fortiori, a transaction which was fully performed by both parties could not be attacked.4. If the contract was fully executory, the defense of ultra vires might be raised by either party.5. If the contract was partially performed, and the performance was held to be insufficient to bring the doctrine of estoppel into play, a suit for quasi contract for recovery of benefits conferred was available.6. If an agent of the corporation committed a tort within the scope of his or her employment, the corporation could not defend on the ground the act was ultra vires.Several modern developments relating to corporate formation have limited the probability that ultra vires acts will occur. Except in the case of non-profit corporations (including municipal corporations), this legal doctrine is obsolescent; within recent years, almost all business corporations are chartered to allow them to transact any lawful business. The Model Business Corporation Act of the United States says exactly The validity of corporate action may not be challenged on the ground that the corporation lacks or lacked power to act. The doctrine still has some life among non-profit corporations or state-created corporate bodies established for a specific public purpose, like universities or charities. In many jurisdictions, such as Australia, legislation provides that a corporation has all the powers of a natural person plus others; also, the validity of acts which are made ultra vires is preserved.However, certain other types of legal entity are not covered by such legislation. In the United Kingdom in Hammersmith and Fulham London Borough Council v Hazell [1992] 2 AC 1 the House of Lords held that interest rate swaps entered into by local authorities (a popular method of circumventing statutory restrictions on local authorities borrowing money at that time) were all ultra vires and void, sparking a raft of satellite litigation.§ According to American laws, the concept of ultra vires can still arise in the following kinds of activities in some states:1. Charitable or political contributions2. Guaranty of indebtedness of another3. Loans to officers or directors4. Pensions, bonuses, stock option plans, job severance payments, and other fringe benefits5. The power to acquire shares of other corporations6. The power to enter into a partnershipIn the United Kingdom, the Companies Act 2006 (S.31 and S.39) greatly reduced the applicability of ultra vires in corporate law, although it can still apply in relation to charities and a shareholder may apply for an injunction, in advance only, to prevent an act which is claimed to be ultra vires.Constitutional lawUnder constitutional law, particularly in Canada and the United States, constitutions give federal and provincial or state governments various powers. To go outside those powers would be ultra vires; for example, although the court did not use the term, in striking down a federal law in United States v. Lopez on the grounds that it exceeded the Constitutional authority of Congress, the Supreme Court effectively declared the law to be ultra vires.According to Article 15.2 of the Irish Constitution, the Oireachtas is the sole lawmaking body in Ireland. In the case of CityView Press v AnCo however, the Irish Supreme Court held that the Oireachtas may delegate certain powers to subordinate bodies through primary legislation, so long as these delegated powers allow the delegatee only to further the principles and policies laid down by the Oireachtas in primary legislation and not craft new principles or policies themselves. Any piece of primary legislation which grants the power to make public policy to a body other than the Oireachtas is unconstitutional; however, as there is a presumption in Irish constitutional law that the Oireachtas acts within the confines of the Constitution, any legislation passed by the Oireachtas must be interpreted in such a way as to be constitutionally valid where possible. Thus, in a number of cases where bodies other than the Oireachtas were found to have used powers granted to them by primary legislation to make public policy, the impugned primary legislation was read in such a way that it would not have the effect of allowing a subordinate body to make public policy. In these cases, the primary legislation was held to be constitutional but the subordinate or secondary legislation, which amounted to creation of public policy, was held to be ultra vires the primary legislation and was therefore struck down.In British constitutional law, ultra vires describes patents, ordinances and the like enacted under the prerogative powers of the Crown that contradict statutes enacted by the King-in-Parliament. Almost unheard of in modern times, ultra vires acts by the Crown or its servants were previously a major threat to the rule of law.Boddington v British Transport Police is an example of an appeal heard by House of Lords which contested that a byelaw was beyond the powers conferred to it under section 67 of the Transport Act 1962. [1][edit]Administrative lawIn administrative law, an act may be judicially reviewable ultra vires in a narrow or broad sense. Narrow ultra vires applies if an administrator did not have the substantive power to make a decision or it was wrought with procedural defects. Broad ultra vires applies if there is an abuse of power (e.g., Wednesbury unreasonableness or bad faith) or a failure to exercise an administrative discretion (e.g., acting at the behest of another or unlawfully applying a government policy). Either doctrine may entitle a claimant to various prerogative writs, equitable remedies or statutory orders if they are satisfied.In the seminal case of Anisminic v Foreign Compensation Commission [1969] 2 WLR 163, Lord Reid is accredited with formulating the doctrine of ultra vires. Further cases such as Bromley LBC v Greater London Council [1983] AC 768 (see Lord Wilberforce's judgment) andCouncil of Civil Service Unions v Minister for the Civil Service [1985] AC 374 (see Lord Diplock's judgment) have sought to refine the doctrine.
What gas acts as a shield against the suns ultra violet radiation?
ozone
Is there a statute of limitation for con robbery?
As far as I'm aware there is no. Statute of limitations applicable to criminal acts..
What does ozone layer do to the earth?
The ozone layer acts as a shield to the earth. It protects the earth from harmful UV radiations.
What is the doctrine of ultra vires visavis section 39 of the CAMA of nigeria?
Ultra vires literarily means beyond legal capacity. In legal parlance, the concept is a common law doctine which means that a company which becomes a legal personality by virtue of its incorporation cannot carry on business beyond the object contains in its Memorandum of Association. Thus, any business carried on by the company which is not within its objects is said to ultra vires the company and to that effect, invalid. The doctrine has found a statutory expression under Section 39 of the Companies and Allied Matters Act, Cap C20, LFN, 2004 with modifications to reduce the hardship it hitherto worked against third parties. Section 1 thereof entrenches the doctrine. Section 2, in an attempt to reduce the severity provides that a breach of the doctrine may be asserted by minority shareholders against oppressive or illegal acts of the majority shareholders as provided in Sections 300-313 and by an injunction secured by any member of the company or by any creditor to prohibit a breach of the doctrine as provided under Section 39(4). Under Sub-section 3 thereof, the Act provides that notwithstanding the provision of Sub-section 1, no act of company and no conveyance or transfer of a property to or by a company shall be invalid by reason that such act, conveyance or transfer was not made in furtherance of any of the authorized business or object of the company. Thus, a third party may yet be protected even if the company does an act which is beyond the power of the company since the breach does not render the act invalid.
What were organized massacres of helpless people such as the acts against the Jews?
There are several terms applicable to this type of action:Pogroms (Russian name)Genocide (general term)Final Solution (WW2 German Term "Endlösung")MassacreEthnic cleansingHolocaust
What is a 'retroactive period' in liability insurance?
The retroactive date sets how long before the inception of the policy that you are covered for negligent acts, error or omissions that you report during that policy. A retroactive date can match the policy inception date so that no prior acts are covered. From the date of the retro period would be the continuous period before the retro date during which the coverage is applicable
Does a judge instruct a jury as to the law that applies in a case?
No. Where the jury acts, the jury acts as trier of fact only. The court routinely instructs the jury as to principles of law and their application, but the court, not the jury, determines the applicable law and how it is to be applied. In this, the jury has no discretion.
