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G. Basi Reddy Etc. Etc. Vs. International Crops Research Instt. and an ...

Court : Supreme Court of India

Reported in : AIR2003SC1764; (2003)3CompLJ90(SC); JT2003(2)SC180; (2003)IILLJ1123SC; 2003(2)SCALE136; (2003)4SCC225; [2003]1SCR1174

..... one of the arguments raised by the respondent state to justify this apparent contradiction was that the section had been enacted in discharge of the government of india's international obligations under the united nations convention against illicit trafficking in narcotics and psychotropic, 1988. ..... section 3 of the united nations (privileges and immunities) act, 1947 (hereafter referred to as 1947 act) empowers the central government by notification in the official gazette to declare that the provisions of the schedule to the 1947 act shall apply, subject to such modification, if any, as the central government may consider necessary or expedient for giving effect to any international agreement, convention or other instruments to confer on any international organisation and its representatives and officers privileges and immunities as provided for in the ..... both the division benches held that icrisat was an international organisation and was immune from being sued because of a notification issued in 1972 under the united nations (privileges and immunities) act, 1947 and that a writ under article 226 could not be issued to icrisat.2. ..... according to the appellants the power to grant immunity to 'international organizations' under the 1947 act therefore did not extend to organizations like icrisat which was neither an organ of the united nations nor a specialised agency within the meaning of article 57 of the u.n.charter. ..... 2730/1981 (k.s. .....

T.N. Godavarman Thirumulpad Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR2005SC4256; (2005)6CompLJ158(SC); JT2005(8)SC588; (2006)1SCC1

..... (iii) monies realized from the user agencies in pursuance of the hon'ble supreme court's order or decision taken by the national board for wildlife involving cases of diversion of forest land in protected areas shall form the corpus and the income therefrom shall be used exclusively for undertaking protection and conservation activities ..... the basic objectives of the forest policy, 1988 are:'2.1 the basic objectives that should govern the national forest policy are the following:-- maintenance of environmental stability through preservation and, where necessary, restoration of the ecological balance that has been adversely disturbed by serious depletion ..... inserted in the constitution of india for protection and improvement of environments and safeguarding forest and wildlife in the year 1977.the basis objectives leading to the laying down of the national forest policy, 1988 may also be noted and also the need and requirement for its enforcement. ..... in the case of a conventional project like hydro-electric project, the accounting procedure is normally based on return on investment (roi) in which the unit cost of energy includes return on capital, investment, depreciation of capital, annual fuel cost ..... of regulation of the supply of electricity or water or any other service.parliament has also enacted enactments to prevent and control water pollution and air pollution [the water (prevention and control of pollution) act, 1974 and the air (prevention and control of pollution) act, 1981]. .....

Secretary of State for the Home Department Vs. Al-jedda

Court : UK Supreme Court

..... , however, came two important united nations conventions in relation to statelessness. ..... however that, notwithstanding the proposed declaration, three of the grounds for deprivation set by the 1948 act would fall outside the exemptions permitted by the 1961 convention and could therefore not form the basis of an order if its effect would be to make the ..... the third ground (namely that, within five years of naturalisation, the person had been sentenced to imprisonment for not less than a year: section 20(3)(c) of the 1948 act); so, by section 4(1) of the 1964 act, it provided that the secretary of state could not make an order for deprivation on that ground "if it appears to him that that person would thereupon become stateless". ..... the act implemented the obligation cast by the 1961 convention to grant nationality to certain persons who ..... namely the public interest ground, echoed the terms of the european convention in referring to acts "seriously prejudicial to the vital interests" of the uk (section ..... the aspiration to ratify the european convention explains the act's dramatic expansion of the prohibition against orders for deprivation when such ..... made her order pursuant to section 40(2) of the british nationality act 1981 ("the act"). ..... in turn these provisions were replaced by section 20 of the british nationality act 1948, which converted the secretary of state's duty back into a power and which specified grounds for its exercise which loosely reflected those which had been identified in .....

Thyssen Stahlunion Gmbh Vs. Steel Authority of India Ltd.

Court : Supreme Court of India

Reported in : AIR1999SC3923; [2000]99CompCas383(SC); JT1999(8)SC66; 1999(6)SCALE441; (1999)9SCC334; [1999]Supp3SCR461

..... such right, privilege, obligation liability, penalty, forfeiture or punishment as aforesaid;and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if the repealing act or regulation had not been passed.3 whereas the united nations commission on international trade law (uncitral) has adopted the uncitral model law on international commercial arbitration in 1985;and whereas the general assembly of the ..... these three appeals raise three different questions relating to the construction and interpretation of section 85 of the arbitration and conciliation act, 1996 (the 'new act' for short) which contains repeal and saving provision of the three acts, namely, the arbitration (protocol and convention) act, 1937, the arbitration act, 1940 (the 'old act' for short) the foreign awards (recognition and enforcement) act, 1961 (the 'foreign awards act' for short).2. ..... and saving - (1) the arbitration (protocol and convention) act, 1937 (6 of 1937), the arbitration act, 1940 (10 of 1940) and the foreign awards (recognition and enforcement) act 1961 (45 of 1961) are hereby repealed. ..... again a bare reading of the foreign awards act and the arbitration (protocol and convention) act, 1937 would show that these two enactments are concerned only with recognition and enforcement of the foreign awards and do not contain provisions for the conduct of arbitral proceedings which would, of necessity, .....

A.P. Pollution Control Board Vs. Prof. M.V. Nayadu (Retd.) and Others

Court : Supreme Court of India

Reported in : AIR1999SC812; JT1999(1)SC162; 1999(1)SCALE140; (1999)2SCC718; [1999]1SCR235; 1999(1)LC426(SC)

..... , water, lands, flora and fauna and especially representative samples of natural ecosystems, must be safeguarded for the benefit of present and future generations through careful planning or management, as appropriate.several international conventions and treaties have recognised the above principles and in fact several imaginative proposals have been submitted including - the locus standi of individuals or groups to take out actions as representatives of future generations, ..... there is also an immediate need that in all the states and union territories, the appellate authorities under section 28 of the water (prevention of pollution) act, 1974 and section 31 of the air (prevention of pollution) act, 1981 or other rules there is always a judge of the high court, sitting or retired and a scientist or group of scientists of high ranking and experience, to help in the ..... and shriram foods & fertilizers case : [1986]1scr312 observed:we would also suggest to the government of india that since cases involving issues of environmental pollution, ecological destructions and conflicts over national resources are increasingly coming up for adjudication and these cases involve assessment and evolution of scientific and technical data, it might be desirable to set up environmental courts on the regional basis ..... wrote to the ministry of industry, government of india as follows:the state government recommends the application of the unit for grant of letter of intent for the manufacture of b.s.s. .....

S. Jagannath Vs. Union of India and Others

Court : Supreme Court of India

Reported in : AIR1997SC811; 1997(1)Crimes189(SC); JT1997(1)SC160; 1997(5)SCALE406; (1997)2SCC87; [1996]Supp9SCR848

..... conference and in view of 1982 convention on the 'law of the sea' defining jurisdiction of territorial waters, a model comprehensive action plan has been evolved under the united nations' environment programme (unep). ..... :participation in international conferences, assessment and other bodies and implementing of decisions made there at.the preamble to the act clearly states that it was enacted to implement the decisions taken at the united nations conference on the human environment held at stockholm in june, 1972. ..... the environment (protection) act, 1986 (the act) was enacted as a result of the decisions taken at the united nations conference on the human environment held at stockholm in june ..... any liquid, gaseous or solid substance which is discharged from any premises used for carrying on any [industry operation or process, or treatment and disposal system], other than domestic sewage.section 25 of the water act provides that no person shall, without the previous consent of the state board establish any industry, operation or process, or any treatment and disposal system which is likely to discharge sewage or trade effluent into ..... cause to be handled any hazardous substance except in accordance with such procedure and after complying with such safeguards as may be prescribed.section 15 of the act makes contravention of the provisions of the said act punishable with imprisonment for a term which may extend to five years or with fine which may extend to one lakh rupees or with both. .....

M.C. Mehta Vs. Union of India and Others

Court : Supreme Court of India

Reported in : AIR1997SC734; (1996)8SCC462; [1996]Supp10SCR973

..... other officer on his behalf) to be present in court on december 17, 1993.the neeri in its project proposal dated december 19, 1993 regarding feasibility of utilisation of natural gas as replacement of conventional fuel in the industrial sectors of agra, mathura and firozabad stated as under:the ministry of environment and forests (mef), retained the national environmental engineering research institute (neeri) in december 1992 to redefine the taj trapezium. ..... mandate to protect and improve the environment there are plenty of post independence legislations on the subject but more relevant enactments for our purpose are : the water (prevention and control of pollution) act, 1974 (the water act), the air (prevention and control of pollution) act, 1981 (the air act) and the environment protection act, 1986 (the environment ..... committee's recommendation that steps may be taken to ensure that no new industry, including small industries or other units, which can cause pollution are located north-west of the taj mahal, has been enforced. ..... to say that apart from short term strategy, the neeri recommended the use of natural gas, setting up of hydro cracking unit, improved sulphur recovery unit, chemo-biochemical sulphur recovery and the setting up of green belt around the refinery. ..... made, among others, the following recommendations:steps may be taken to ensure that no new industry including small industries or other units which can cause pollution are located north-west of the taj mahal.... .....

M.C. Mehta Vs. Union of India and ors

Court : Supreme Court of India

Reported in : AIR1999SC2367a; JT1999(5)SC18; 1999(3)SCALE10a; 1999(2)LC1243(SC)

..... board in their letter dated 24-6-1997 addressed to environmental engineer, regional office, faridabad has inter alia stated as follows : 'the air (prevention and control of pollution) act, 1981, came into being in the year 1981 but since then norms/standards for the installation of hot-mix plants and guidelines of settling criteria for the installation of hot-mix plants have not been laid down for ..... that in so far as applicants are aware, no norms, standards or guidelines areprescribed either by the air (prevention and control of pollution) act, 1981 or under the environment protection act, 1986 and this position has been confirmed by the haryana state pollution control board in their said letter dated 24-5-1997 addressed to the environmental ..... question in which one of the eligibility criteria is that the firm must possess adequate capacity environment friendly hot mix plant, electronically computerised pave finisher, pneumatic and conventional rollers and tools and tackles.12. ..... terminal ii gate from national highway junction is a ..... technical specification of the plant are given in their literature which gives the details of the technology used in the hot-mix plants as well as the pollution control unit that shall be fitted in the plant. ..... resurfacing of airport runways is a work of national importance which has to be carried out so that the igi airport is operational and does not cause any operational hazard ..... not situate at the very national highway 8 junction. ..... national ..... national .....

In Re: Noise Pollution - Implementation of the Laws for Restricting Us ...

Court : Supreme Court of India

Reported in : AIR2005SC3136; 2005(3)AWC2685(SC); 2005(5)BomCR553; 121(2005)DLT547(SC); [2005(4)JCR4(SC)]; JT2005(6)SC210; (2005)5SCC733

..... 2 of the air (prevention and control of pollution) act, 1981, includes noise in the definition of 'air ..... the name, by international agreement, for the number of repetitions of similar pressure variations per second of time; this unit of frequency was previously called 'cycles per second' (cps or c/s)].interference with communication27 ..... . under section 268 of this code, it is mentioned that 'a person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, ..... of low-flying military aircraft has added a new dimension to community annoyance, as the nation seeks to improve its 'nap-of-the-earth' warfare capabilities ..... department for environmental protection under the state council shall, in accordance with the national standards for acoustic environmental quality and the state's economic and technological conditions, fix national limits for environmental noise emission.81 ..... festivals and events are only at national level and one for all ..... the issue of aircraft operations over national parks, wilderness areas, and other areas previously unaffected by aircraft noise has claimed national attention over recent years. ..... . based on national judgments concerning acceptable risk, many countries have adopted industrial noise exposure limits of 85 db(a) +5 db(a) in their regulations and .....

Union Carbide Corporation, Etc., Etc. Vs. Union of India, Etc. Etc.

Court : Supreme Court of India

Reported in : I(1992)ACC332; AIR1992SC248; (1991)3CompLJ213(SC); JT1991(6)SC8; 1991(2)SCALE675; (1991)4SCC584; [1991]Supp1SCR251; 1992(1)LC505(SC)

..... accordingly, in the event of the settlement being set aside the ucc shall be entitled to have 420 million us dollars brought in by it remitted to it by the union of india at the united states along with such interest as has accrued on it in the account.but this right to have the restitution shall be strictly subject to the condition that the ucc shall restore its undertaking ..... of the seriously affected wards of bhopal city at the time of the disaster and having regard to the addition to the population by the subsequent births extrapolated on the basis of national average of birth rates over the past years and the future period of surveillance, this figure broadly accords with the percentage of population of the affected wards bears to the number ..... is discretionary and in exercising this discretion the interests of the victims be kept in mind and restitution denied.at all events, if restitution is to be allowed, whether ucc would not be required to act upon and effectuate its undertaking dated 27th november, 1986 on the basis of which order dated 30th november, 1986 of the bhopal district court vacating the injunction against it was made.contention (i):notice ..... camden islington, did not approve that view.later section 32a of the supreme court act, 1981 expressly enabled award of provisional damages and order 37 rules 7 to 10 (part ..... the review-proceeding should not be strict, orthodox and conventional but one whose scope would accommodate the great needs ..... contractual or conventional rules .....