Judgment Search Results Home > Cases Phrase: antiapartheid united nation convention act 1981 Court: kolkata Page 1 of about 24 results (0.097 seconds)

Gms Marine Company Limited Vs. the Owners and Parties Interested in th ...

Court : Kolkata

..... the plaintiffs say that there is a 2004 document entitled the 'united nations convention on jurisdictional immunities of states and their property' to which india is a signatory ..... the plaintiffs have also referred to the united nations convention on jurisdictional immunities of states and their property, 2004 to which india is a signatory ..... referred to the united nations convention on the law ..... ' the convention in question was the united nations declaration on the rights of mentally retarded persons, 1971 that was considered in the context of the right of ..... by a diplomatic representative or other competent authority of that state and communicated to the court shall serve as evidence of the character of that ship or cargo.annex to the convention..with respect to article 10the term 'immunity' in article 10 is to be understood in the context of the present convention as a whole.article 10, paragraph 3, does not prejudge the question of 'piercing the corporate veil', questions relating to a situation where a state entity has deliberately misrepresented its ..... judge of the high court of which he is a member or of a division bench of that high court, he is not bound to follow that precedent because by following the precedent the judge would act contrary to section 165 of the indian evidence act, and would also violate the oath of office taken by him when entering upon his duties as a judge under the constitution; and (2) that a judgment of a full bench of the court may be ..... in : (1981) 2 scc .....

Burn Standard Co. Ltd. Vs. Assistant Collector of C. Ex.

Court : Kolkata

Reported in : 2006(2)CHN427,2006(197)ELT165(Cal)

..... full and absolute dominion and control in all respect meaning thereby india will have the total military, economic and legislative control and this has to be done in consonance with the provisions of international law, united nations' - 'convention and the law of the sea, 1982 (7th october 1982). ..... rules, 1944 the central government hereby exempts on excisable goods produced or manufactured in a 100% export oriented undertaking from the whole of the duty of excise leviable therefor under section 3 of the central excise and salt act, 1944 (1 of 1944):provided that exemption contains in this notification shall not apply to such goods if allowed to be sold in india.12. ..... he then contends that although the said 'ed' and 'ee' platforms were within continental shelf the central excise act did not apply to the said platforms in 1988 when the goods were exported as the government did not issue notification extending the area ..... by circular dated september 28, 1994 the central government, ministry of finance, classified that the provisions of customs act could not be made applicable to the area of exclusive economic zone unless legislations are specifically made applicable to the said area ..... section 3(2) of the territorial waters, continental shelf, exclusive economic zones and other maritime zones act, 1976 (hereinafter referred to as the zone act) provides that the limit of the territorial waters is extended upto a distance of 12 nautical ..... 123/81, dated june 2, 1981. ..... 123/81 dated june 2, 1981. .....

State of West Bengal and ors. Vs. Sanjeevani Projects (P) Ltd. and ors ...

Court : Kolkata

Reported in : 2006(1)CHN241

..... legislations being enacted -- environment (protection) act, 1986, air (prevention and control of pollution) act, 1981 and national environment and tribunal act, 1995. ..... india also issued a direction on 11th august, 2005 (annexure x) upon all the state governments that none of the units, coming under the purview of the said notification can start their project without eia clearance and if it is found that any unit is continuing with any such project without eia clearance, the same should be informed to the central government for placing the ..... united nations ..... in addition he contended that the ministry of environment and forest, government of india in exercise of the powers conferred under section 3(1) and section 3(2)(v) of the environment (protection) act, 1986, read with rule 5(3)(d) of the environment (protection) rules, 1986 directed that on and from 27th january, 1994 (annexure x), expansion or modernization of any activity (if pollution load ..... reason of the impact of the west bengal land reforms (amendment) act, 1981 the owners are raiyat with heritable and transferable right in respect ..... manick das learned counsel for the pollution control board, that in exercise of powers conferred under section 3(1) and section 3(2)(v) of the environment (protection) act, 1986 read with rule 5(3)(d) of the environment (protection) rules, 1986 issued a notification on 27th january, 1994 published in the official gazette (annexure 'x' to the affidavit of ..... convention on right to development as .....

Paharpur Cooling Towers Ltd. Vs. the Owners and Parties Interested in ...

Court : Kolkata

Reported in : AIR2001Cal213,(2001)2CALLT445(HC)

..... claims as set out in subparagraphs (b) and (c) of paragraph 1 which arise out of or result from: (a) damage in connection with the carriage of oil or other hazardous or noxious substances by sea for which compensation is payable to the claimants pursuant to international conventions of national law providing for strict liability and compulsory insurance or other means of securing the claims: or (b) the radioactive properties or a combination of radioactive properties with toxic, explosive or other hazardous properties of nuclear fuel or of radioactive products or waste.' 22. ..... similarly, law has developed in india also as has been noted in 'elisabeth' while construing section 443 and section 444 of the merchant shipping act, 1958 [hereinafter called msa], while construing the word 'damage' in section 443 of msa, the apex court in 'elisabeth' held as follows: 'the sections are wide in terms and the expression 'damage' js not necessarily confined to ..... in view of the express provisions of brussels convention of 1s52 and the provisions of sca 1981 referred above the same is liable to be rejected. 41 ..... so in 'elisabeth' the hon'ble supreme court in order to explain maritime made a reference to the supreme court act, 1981 [hereinafter called sca1 an act of british parliament. ..... the first question was that under the law prior to thecarriage of goods by sea act, 1925, the ship owner who received goods in apparent good order and condition had to deliver the goods in the same good order and .....

Burrabazar Fire Works Dealers Association and ors. Vs. the Commissione ...

Court : Kolkata

Reported in : AIR1998Cal121

..... , we direct the west bengal pollution control boai'd with the expert committee already appointed, to take a decision on this question after considering all the aspects of the matter including the suggestions and recommendations made by national committee on noise level control and after giving hearing to the applicants namely, mohan fire works and the burrabazar fire works dealers association and also after considering the view of the experts and ..... it is submitted that the provision's of under section 16(2)(h) of the air (prevention and control of pollution) act, 1981 provided power upon the central pollution control board 'lay down standards for the quality of air' and definition of environment pollutants has been defined in section 2(b) of the environment (protection) act, 1986, which means' any solid, liquid or gaseous substance present in the atmosphere in such concentration as may be or tend to be injurious to environment'. ..... the court then accepted, in the context of an application made under article 8 (i) of the convention, that noise generated by aircraft in the vicinity of airports can affect the quality of (a person's) private life and the scope for enjoying the amenities of his home. ..... the expression of 'quality' is descriptive of organic composition of substance to express in definite quantitive units and definitive character, nature and decree of excellence of an article. .....

Commissioner of Income-tax Vs. Smt. Dipali Goswami

Court : Kolkata

Reported in : (1986)51CTR(Cal)139,[1985]156ITR36(Cal)

..... to the contrary contained in any other law, the provisions set out in the schedule to this act of the convention on the privileges and immunities, adopted by the general assembly of the united nations on the 13th day of february, 1946, shall have the force of law in india. ..... the preamble to the said act reads as follows :'whereas it is expedient to give effect to the convention on the privileges and immunities of the united nations, and to enable similar privileges and immunities to be enjoyed by other international organisa-tions and their representatives ..... the tribunal observed that when salary includes pension and when salary is exempt from taxation in the hands of the officials of the united nations, a fortiori, it could be held that recompense of the amount received by the beneficiary as a result of the contribution by her husband should not come within the purview of the concept of salary ..... if the pension received by the former employee of the united nations is exempt because salary itself is exempt under the provisions of the privileges and immunities act then, on a parity of reasoning, pension receivable by a widow of an employee of the united nations who died in harness should also be exempt from income ..... 293*, dated february 10, 1981, accepted the view taken by the karnataka high court in ramaiah's case : [1980]126itr340(kar) and decided as follows:'............apart from salary received by the employees of the united nations organisation or any person covered under .....

Moulana Mufti Syed Md. Noorur Rehman Barkati and ors. Vs. State of Wes ...

Court : Kolkata

Reported in : AIR1999Cal15

..... politician;liberty of thought, expression belief, faith and worship;equality of status and of opportunity;and to promote among them allfraternity assuring the dignity of the individual and the unity and integriety of the nation: in our constituent assembly this twenty-sixth day of november, 1949, do hereby adopt, enact, and give to ourselves this constitution. ..... . the court then accepted, in the context of an application made under article 8(1)of the convention, that noise generated by aircraft in the vicinity of airports can affect the quality of (a person's) private life and the scope of enjoying the amenities of his home, however, although article 8(1) recognises the right to ..... weapon is pollution and the other weapon is provided in our constitution in article 19(1)(a) in other countries excepting in united states they have no such constitutional arms to end the wrong except by specific legislation ..... other few impacts and illustrations of the effect of sound on human behaviour and the effect of sound which disturbs sleeps and night.noise has been identified as a pollutant under air (prevention and control) act, 1981 ..... commissioner of police, calcutta arms act department, by his letter dated 26-8-1997 in which he had stated that according to environmental protection agency, united states, the standard in respect of noise in commercial areas in a city during the day time is 65db ..... to explosions and fire may be caused from such manufacturing units unless adequate precautions are taken. .....

Boeing Company Vs. R.M. Investment and Trading Co. Pvt. Ltd.

Court : Kolkata

Reported in : (1994)2CALLT300(HC),99CWN1

..... : [1985]1scr432 the conditions to be request to be fulfilled for the application of section 3 are:-(i) there must be an agreement to which article ii of the convention set forth in the schedule applies ;(ii) a party to that agreement must commence legal proceedings against another party thereto ;(iii) the legal proceedings must be 'in respect of any matter agreed to be referred to arbitration' ..... stay of proceedings in respect of matters to be referred to arbitration-notwithstanding anything contained in the arbitration act, 1940, or in the code of civil procedure, 1908, if any party to an agreement to which article ii of the convention set forth in the schedule applies, or any person claiming through of under him commences any legal proceedings, in any court against any other party to the agreement or any person claiming through or ..... is noted below:-'we, accordingly, allow the appeal, set aside the judgment of the learned trial judge rejecting the application of the appellant for stay under section 3 of the foreign awards act, allow the application and direct that the suit filed by rmi, giving rise to this appeal, shall stand stayed'.14. ..... of locust standi as the legislature itself authorised in section 31(3) of the supreme court act 1981. ..... boeing company (for short 'boeing'), a company incorporated under the laws of the state of delaware, united states of america. r.m.i. ..... and national co ..... , national west minister plc, credit lyonnais and abn amro bank nv, for a sum of us $ 11.5 .....

Seema Begum and anr. Vs. Marium Bibi and ors.

Court : Kolkata Appellate

..... a vital and interesting question has cropped up before us in the instant tribunal application as to the competence of the land reforms tenancy tribunal constituted under west bengal land reforms and tenancy tribunal act (hereinafter referred to as the tenancy tribunal act) under article 323(b) of the constitution of india to deal, entertain and/or set aside the orders, decrees and judgments passed by the civil judge having jurisdiction in respect of the subject matter ..... it is intended to realize the social function of the land and includes we are merely giving, by way of illustration, a few familiar proposals of agrarian reform creation of economic units of rural production, establishment of adequate credit system, implementation of modern production techniques, construction of irrigation systems and adequate drainage, making available fertilizers, fungicides, herbicides and other methods of intensifying and increasing agricultural production ..... out of the 5 specified acts, the west bengal land reforms act, 1955, the calcutta thlika tenancy (acquisition and regulation) act, 1981 and the west bengal land holding revenue act, 1979 have no connection whatsoever with ..... 1973 sc 2734 (para 30): 30.the concept of agrarian reform is a complex and dynamic one promoting wider interests than conventional reorganization of the land system or distribution of land. ..... which have been relied on by the supreme court in the case of national sewing thread co. ..... see national telephone ..... in national telephone .....

Coal India Limited Versu Anadian Commercial Corporation

Court : Kolkata

..... and conciliation act, 1996, which is based on the uncitral model law and is compatible with the icc rules of arbitration, replaced not only the arbitration act, 1940 but two other enactments of the same genre the arbitration (protocol and convention) act, 1937 pertaining to the acceptance and execution of geneva convention awards and the foreign awards (recognition and enforcement) act, 1961 ..... industries may either seem to have been impliedly overruled by fuerst day lawson or the dictum therein must be confined to a challenge to a new york convention award under section 34 of the 1996 act where the parties did not specify any seat of arbitration and, consequently, the law governing the matrix contract was also seen to be the law governing ..... but it was only in the middle of the 1990s that a number of member states of the united nations based the arbitration law in such countries on the uncitral odel law. ..... award set aside, there is no doubt that the challenge to a foreign award in course of resisting its implementation or the reliance thereon is clearly permissible by virtue of section 48 of the 1996 act; but the question remained unanswered in the division bench judgment as to whether the award-debtor in such a case could apply to have it set aside under section 48 or the related provisions under ..... papierwerke waldhof-aschaffenburg ag [1981] 2 lloyds rep 446 at page 483 mustill j set out the three potentially relevant laws, namely (i) the law governing the substantive agreement; .....