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Sk.Singh .. Vs. the Director General, Coast Guard Headquarters, and or ...

Court : Chennai

Subject : Constitution

Acts : Constitution Of India - Article 226

respondent, for a judicial review of the trial proceedings in accordance with sections 117 and 118 of the Coast Guard Act, 1978. The judicial proceedings were conducted by the Chief Law Officer on 9th September, 2002 at the Coast Guard … for the petitioner, by inviting the attention of this Court to Rules 91 to 93 of the Coast Guard (Discipline) Rules, 1983, submitted that the … of 13 contained in the charge sheet and awarded the sentence of dismissal from service, as provided under section 53 of the Coast Guard Act, by its order dated 5th June, 2002. The copies of the coast

United States Vs. Ward

Court : US Supreme Court

Subject : Service Tax

Arkansas River system, respondent notified the Environmental Protection Agency of the discharge, and this was reported to the Coast Guard, who assessed a $500 penalty against respondent under § 311(b)(6). After his administrative appeal was denied, respondent filed … 91 Stat. 1566, and the Federal Water Pollution Control Act Amendments of 1978, Pub.L. 95-576, 92 Stat. 2468. Except as noted, those amendments have no … Secretary. The Secretary of the Treasury shall withhold at the request of such Secretary the clearance required by section 91 of Title 46 of any vessel the owner or operator of which is subject to the foregoing penalty. … THE TENTH CIRCUIT Syllabus Section 311(b)(3) of the Federal Water Pollution Control Act prohibits the discharge of oil into navigable waters. Section 311(b)(5) requires any

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, … must deliver its "manifest" to Customs and obtain clearance. 46 U.S.C. § 91. These documentation laws serve the public interest in many obvious ways, and … 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

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 … of the marginal sea off California." Id. at 91. Those reasons included the fact that the California … 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 … See Arkansas v. Oklahoma , 503 U. S. 91 , 105 (1992) (“Congress preserved for the Administrator … 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

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 … was booked by him to Okha telephone No. 91 with Siddiq Hussain Sup as P.P., while the … 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

Altria Group, Inc. Vs. Good

Court : US Supreme Court

Subject : MRTP

a policy of approval. Cf. Sprietsma v. Mercury Marine , 537 U. S. 51 (2002) (holding that the Coast Guard’s decision not to regulate propeller guards did not impliedly pre-empt petitioner’s tort claims).[ Footnote 14 ] More … in Wolens was the pre-emptive effect of the Airline Deregulation Act of 1978 (ADA), 49 U. S. C. App. §1305(a)(1) (1988 ed.), which prohibits States … 2008 Respondents, smokers of petitioners’ “light” cigarettes, filed suit, alleging that petitioners violated the Maine Unfair Trade Practices Act (MUTPA) by fraudulently advertising that their “light” cigarettes delivered less tar and nicotine than regular brands. The District … second purpose. As amended, the Labeling Act contains two express pre-emption provisions. Section 5(a) protects cigarette manufacturers from inconsistent state labeling laws by prohibiting the … 3 79 Stat. 282. Footnote 4 Pub. L. 91-222, 84 Stat. 87. Though actually enacted in 1970,

Leo Sheep Co. Vs. United States

Court : US Supreme Court

Subject : Land Acquisition

were no major engagements during the Civil War in the area between the Missouri River and the west coast which would be covered by any transcontinental railroad, there were two minor engagements which doubtless made some impression … entire restoration, it becomes us, with statesmanlike prudence and sagacity, to look carefully into the future and to guard in advance against all possible considerations which may threaten the dismemberment of the country hereafter." Cong.Globe, 37th Cong., … it." United States v. Union Pacific R. Co., 91 U. S. 72 , 91 U. S. 79 … STAETS COURT OP APPEALS FOR THE TENTH CIRCUIT Syllabus The Union Pacific Act of 1862 granted public land to the Union Pacific Railroad for each … Pacific Railroad, it implicitly reserved an easement to pass over the odd-numbered sections in order to reach the even-numbered sections held by the Government. Held: