Tringham vs Vollenhoven – clr volume 2 page 018

In the case between the Secretary of the Local Board of Nuwara Eliya (Plaintiff) and the individual charged with fishing without a license (Defendant), the court addressed the issue of whether a Local Board, under Ordinance No. 7 of 1876, possessed the authority to create a bye-law requiring a license and imposing a fee for fishing. The court held that the Local Board lacked statutory power to enact such a bye-law, concluding the provision was ultra vires and null. The principle reaffirmed was that enabling legislation must be construed strictly, limiting delegated bodies to expressly conferred powers. Reliance was placed on the text and scope of section 35 of Ordinance No. 7 of 1876, emphasizing that regulatory authority must not be extended beyond the clear intention of the legislative g