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Union of India, Secretary to the Ministry of Defence, New Delhi and Ot ...

Court : Kerala

Subject : Land Acquisition

an agreement to be a sub-contractor to the salvage, which is clear from his representation Ext.P8. 35. The Coast Guard Act, 1978 was enacted for constitution and regulations of armed forces of the union for ensuring the security of maritime … dated 3.8.1999 rejected the statutory representation submitted by the petitioner. It was observed in the order that, under Section 14 of the Coast Guard Act, it is one of the primary duties of the Coast Guard to … consider the matter afresh taking note of the provisions contained in Section 402 of the Merchant Shipping Act, 1958. 8. After the order of this

Dr Baliram Waman Hiray Vs. Justice B. LentIn and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Commissions of Inquiry Act, 1952 - Sections 3, 3(1), 4, 5(4), 5(5) and 6; Code of Criminal Procedure (CrPC) - Sections 195, 195(1), 195(2), 195(3) and 346; Constitution of India - Article 141; Indian Penal Code (IPC) - Sections 193 and 228; Workmen's Compensation Act - Sections 23; Payment of Wages Act - Sections 18; Indian Railways Act - Sections 40

Reported in : AIR1988SC2267; (1988)90BOMLR434; 1988(3)Crimes655(SC); [1989]176ITR1(SC); JT1988(4)SC265; 1988(2)SCALE688; (1988)4SCC419; [1988]Supp2SCR942; [1989]72STC384(SC)

Act, 1985, Section 19 of the Illegal Migrants (Determination by Tribunals) Act, 1983 and Section 95 of the Coast Guard Act, 1978, deeming the Commissioner or the Tribunal appointed under the respective Acts for investigation of claims to be a … be a Court for the purposes of Section 195(2) of the Code. The learned Counsel referred us to Section 40 of the Indian Railways Act, 1890, Section 23 of the Workmen's Compensation Act, 1923 and Section 18 of

Commodore Narinder M. Pandit S/O Late Munshi Ram Arjundas Pandit Vs. t ...

Court : Mumbai

Subject : Criminal

Reported in : 2004(4)BomCR814; (2004)106BOMLR98

1950), the Navy Act, 1957 (62 of 1957), The Border Security Force Act, 1968 (47 of 11968), the Coast Guard Act, 1978 (30 of 1978), and the National Security Guard Act, 1986 (47 of 1986).(2) For the removal of doubts, … by the learned Additional Solicitor General are as under :(i) The Rule 40 of the Army Rules, 1954, specifically provides that the members of the … of the petitioners were overruled and the Court Martial proceeded further. The petitioner was arraigned in terms of Section 106 of the Navy Act and the petitioner pleaded not guilty to all the charges.4. The contentions raised

United States Vs. Villamonte-marquez

Court : US Supreme Court

Subject : Land Acquisition

et seq. (1976 ed., Supp. V). Many of these vessels must also submit to periodic inspection by the Coast Guard and a "certificate of inspection" must be kept on the vessel at all times. 46 U.S.C. §§ 399, … Amendment because the boarding occurred in the absence of "a reasonable suspicion of a law violation." Held: The action of the customs officers in boarding the sailboat pursuant to § 1581(a) was "reasonable," and was therefore consistent … of ships or vessels." Act of Aug. 4, 1790, 1 Stat. 145. Section 31 of that Act provided in pertinent part as follows: "That it … with Lake Charles, La., a Customs Port of Entry, sighted an anchored, 40-foot sailboat. The wake of a passing vessel caused the sailboat to rock

Herb's Welding, Inc. Vs. Gray

Court : US Supreme Court

Subject : Land Acquisition

several emphatically nonmaritime locales. Undeterred, the dissent points out that Congress left regulation of offshore platforms to the Coast Guard. Yet one would not have expected otherwise, since geographically the platforms fall within the Coast Guard's jurisdiction. No … TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus The Longshoremen's and Harbor Workers' Compensation Act (LHWCA), as amended in 1972, provides compensation for the death or disability of any person engaged in "maritime … consistent with this opinion. It is so ordered. [ Footnote 1 ] Section 2(3) of the Act, 86 Stat. 1251, 33 U.S.C. § 902(3), provides: … fixed platforms proceeded under state workers' compensation schemes. See Hearings, at 396, 409, 411. See also Robertson 993. With the 1953 passage of the Lands

California State Lands Comm'n Vs. United States

Court : US Supreme Court

Subject : Land Acquisition

] Since that time, the land has been continuously possessed by the United States and used as a Coast Guard Reservation. The Pacific shoreline along the Coast Guard site remained subtantially unchanged until near the turn of the … 284 U. S. 545 -546 (1932). [ Footnote 5 ] In May, 1978, California transmitted a proposed permit to the United States to allow construction … v. Bowlby, [152 U.S. 1,] 152 U. S. 40 ; Hardin v. Jordan, 140 U. S. 371 … deciding the substantive legal issue. Congress addressed the issue of accretions to federal land in the Submerged Lands Act, which vested title in the States to the lands underlying the territorial sea and confirmed the title of … belong to the upland owner. Pp. 457 U. S. 285 -286. (d) Section 2(a)(3) of the Submerged Lands Act, defining "lands beneath navigable waters" that

National Assn. of Home Builders Vs. Defenders of Wildlife

Court : US Supreme Court

Subject : Land Acquisition

Army acting through the Chief of Engineers, after consultation with the Secretary of the department in which the Coast Guard is operating, anchorage and navigation of any of the navigable waters would be substantially impaired thereby; “(7) To … resolving any conflicts between the ESA and a proposed agency action. In 1978, shortly after our decision in Hill , Congress amended the ESA to … appeals for the ninth circuit No. 06-340. Argued April 17, 2007-Decided June 25, 2007 Under the Clean Water Act (CWA), petitioner Environmental Protection Agency (EPA) initially administers each State’s National Pollution Discharge Elimination System (NPDES) permitting program, … application and a showing that the State has met nine specified criteria. Section 7(a)(2) of the Endangered Species Act of 1973 (ESA) requires federal agencies … glance the legislative commands here are irreconcilable. Section 402(b)’s “shall approve” language is mandatory and its list

Union of India (Uoi) Vs. Smt. Nalini Parida

Court : Orissa

Subject : Civil

Reported in : AIR2009Ori56

(hereinafter referred to as 'the Act') filed by the Union of India represented through the General Manager, East Coast Railway, Chandrasekharpur, Bhubaneswar, challenging the award dated 26-9-2005 patted by the Railway Claims Tribunal, Bhubaneswar Bench in O.A. … the question of award of interest by the Tribunal on the amount of compensation.10. The provisions of Interest Act, 1978 are also clear that in any proceedings for the recovery of any debt or damages or in any … station because the accident did not come to the notice of either Guard/Driver of the train or the Station employees and no information in connection … Kumari Sanju Panda, J.1. This is an appeal under Section 23 of the Railway Claims Tribunal Act, 1987 (hereinafter referred to as

Ray Vs. Atlantic Richfield Co.

Court : US Supreme Court

Subject : Land Acquisition

reporting requirements, a traffic separation scheme, special ship movement rules applying to Rosario Strait (where, under a local Coast Guard rule, the passage of more than one 70,000 DWT vessel -- in bad weather, 40,000 DWT -- in … v. Atlantic Richfield No. 76-930 Argued October 31, 1977 Decided March 6, 1978 435 U.S. 151 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE … that all the Tanker Law's operative provisions were preempted by federal law particularly the Ports and Waterways Safety Act of 1972 (PWSA), which is designed to insure vessel safety and the protection of navigable waters and adjacent … was in direct conflict with 46 U.S.C. §§ 215, 364. We agree. Section 364 provides that "every coastwise seagoing steam vessel subject to the navigation

Narendra Purshotam Umrao Vs. B.B. Gujral and ors.

Court : Supreme Court of India

Subject : CustomsCriminal

Acts : Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Sections 3, 3(1) and 8; Constitution of India - Article 22(5); Preventive Detention Act; Maintenance of Internal Security Act; Customs Act, 1962 - Sections 2(39) and 11

Reported in : AIR1979SC420; 1979CriLJ469; (1979)2SCC637; [1979]2SCR315

known as 'Jamnaprasad' BLS-61 valued at one lac of rupees was found grounded in a creek off the coast near village Kim-Khadi on the 20th August, 1977. On receipt of information regarding the grounding of the vessel … promote the citizen's right to personal liberty, which is a fundamental and pervasive theme of the Constitution, to guard against the preventive detention of a person for political beliefs. This was also in accord with the recommendation … directed against a judgment of the Bombay High Court dated 5th June, 1978, dismissing a petition filed by the appellant under Article 226 of the … 1st of February, 1978 under Sub-section (1) of Section 3 of the Conservation of Foreign Exchange and … contraband goods found aboard it were seized by the Customs Officers for action under the Customs Act, 1962. They made inquiries about the whereabouts of … one Kasam Jamal for a sum of Rs. 40,000/-. It was he who got the vessel repaired