Judgment Search Results Home > Cases Phrase: elephants prevention act 1879 Court: supreme court of india Page 1 of about 161 results (0.147 seconds)

State of Bihar Vs. Murad Ali Khan and ors.

Court : Supreme Court of India

Reported in : AIR1989SC1; 1988(1)BLJR37; 1989CriLJ1005; 1988(3)Crimes822(SC); JT1998(4)SC124; 1988(2)SCALE933; (1988)4SCC655; [1988]Supp3SCR455

..... , whether known or unknown, has committed an offence.it is trite that jurisdiction under section 482, cr.p.c, which saves the inherent power of the high court, to make such orders as may be necessary to prevent abuse of the process of any court or otherwise to secure the ends of justice, has to be excised sparingly and with circumspection. ..... this would be clear from the language of the sub-section which uses the words 'where such contempt is an offence' and does not say 'where the act alleged to constitute such contempt is an offence'....it is, however, unnecessary to explore the possibilities of this contention as indeed there has been admittedly no prior conviction and ..... , of any value or any animal of the value of fifty rupees - whoever commits mischief by killing, poisoning, maiming or rendering useless, any elephant, camel, horse, mule, buffalo, bull, cow, or ox, whatever may be the value thereof, or any other animal of the value of fifty rupees or upwards, shall be punished with imprisonment of either description for a ..... the tusk in a few days' time but did not disclose the place where he had sent the tusk at lucknow....the complaint further proceeds to say that elephant is included in the schedule 1 of the wild life (protection) act, 1972, and that the complainant was authorised by the bihar government's notification no. ..... slp 1879 of 1987 is by the state of bihar for special leave under article 136 of the constitution to appeal from the order dated 13-2-1987 of the high .....

Hospitality Association Of Mudumalai Vs. In Defendent Of Environment A ...

Court : Supreme Court of India

..... the high court also directed the state to strictly adhere with the provisions of the scheduled tribes and other traditional forest dwellers (recognition of forest rights) act, 2006 and in case any forest dwellers are evicted from the elephant corridor, they be provided alternate accommodation or compensation as per the procedure contemplated under law.22. ..... rajendran, filed writ petition no.10098 of 2008 before the madras high court seeking issuance of a writ of mandamus directing the official respondents therein to keep the elephant corridors free from encroachment and to prevent any other disturbances to the free movement of elephants and other animals. ..... herds of roaming elephants play several important roles in the ecosystem: (i) landscape architects: elephants create clearings in the forest as they move about, preventing the overgrowth of certain plant species and allowing space for the regeneration of others, which in turn provide sustenance to other herbivorous animals. ..... it was further contended that on the strength of the order dated 02.02.2009 in writ petition no.10098 of 2008, the district collector had directed them to stop the cultivation of these lands and that they were being prevented from collection of minor forest produce and grazing their cattle. .....

Indian Handicrafts Emporium and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR2003SC3240; 2003(5)ALD39(SC); 106(2003)DLT350(SC); JT2003(7)SC446; 2003(6)SCALE831; (2003)7SCC589

..... animal article, trophy or uncured trophy] derived from such animal or salted or dried skins of such animal or the musk of a musk deer or the horn of a rhinoceros, shall, within thirty days from the commencement of this act, declare to the chief wild life warden or the authorised officer the number and description of the animal, or article of the foregoing description under his control custody or possession and the place where such animal ..... chapter va and section 38j)]] or any rule or order made thereunder or who commits a breach of any of the conditions of the any licence or permit granted under this act, shall be guilty of an offence against this act, and shall, on conviction, be punishable with imprisonment for a term which may extend to [three years] or with fine which may extend to [twenty-five thousand rupees] or with both:provided that where ..... secondly, it was apparent that the draftsman and parliament had by inadvertence overlooked, and so omitted to deal with an eventuality that required to be dealt with if the purpose of the act was to be achieved; and thirdly, it was possible to state with certainty what were the additional words that would have been inserted by the draftsman and approved by parliament had their ..... preventive measures as regard poaching leading to killing of elephants for the purpose of extraction of their tusks is a difficult task to achieve and, thus, the parliament must have thought it expedient to put a complete ban in trade in ivory to meet the .....

Gene Campaign . Vs. Union Of India

Court : Supreme Court of India

..... policy alternatives, in consultation with all interested parties considering risk assessment and other factors relevant for the protection of health of consumers and for the promotion of fair trade practices, and, if needed, selecting appropriate prevention and control options; x x x (zu) standard , in relation to any article of food, means the standards notified by the food authority; x x x (zw) substance includes any natural or artificial substance or other ..... thereby: irreversibly threatening biodiversity, as eventually all non-gm/non-ht mustard will be contaminated; irreversibly eliminating choice of consumers to eat non- gm/non-ht mustard, in the absence of any mechanism to prevent pollination by bees, which is accentuated by the absence of any laws for labelling; irreversibly coercing farmers who do not wish to grow gm crops to be susceptible to their crops being ..... it was explained that the precautionary principle requires the state to act in advance to prevent environmental harm from taking place, rather than by adopting measures once ..... in this light, we have no hesitation in holding that in order to protect the elephant population in the sigur plateau region, it was necessary and appropriate for the state government to limit commercial activity in the areas falling within the elephant corridor.48.3 furthermore as noted above, this court gave an expansive scope to the application of the precautionary principle beyond adjudicatory orders to any decision, administrative or .....

Pragnesh Shah Vs. Arun Kumar Sharma

Court : Supreme Court of India

..... look into the suggestions relating to prohibiting use of plastics, burning of garbage/or any other waste, proper laying of high tension lines for protecting animals and birds life particularly in salim ali bird sanctuary area, preventing forest fire, conservation of nakki lake and water quality management, siting and operation of solid waste processing plant in accordance with solid waste management rules, 2016 (with reference to sanctuary area), any other issues ..... mentioned draft notification have been duly considered by the central government; now, therefore, in exercise of the powers conferred by sub-section (1) read with clause (v) and clause (xiv) of sub - section (2) of section 3 of the environment (protection) act, 1986 (29 of 1986) and sub-rule (3) of rule 5 of the environment (protection) rules, 1986, the central government hereby notifies mount abu and surrounding region enclosed within the boundary described below in the state of rajasthan ..... erosion and water and air pollution on account of certain developmental activities, thereby endangering not only the natural resources, but also affecting the health and very survival of living beings; 8 moef&cc 9 esz notification 10 ep act 4 part b and whereas, it is necessary to conserve and protect the area from ecological and environmental point of view; and whereas, a draft notification under sub-section (1) read with clause (v) and clause (xiv) of sub - section .....

C.i.T., Bombay City Vs. Bombay Burmah Trading Corpn., Bombay

Court : Supreme Court of India

Reported in : AIR1986SC500; (1986)88BOMLR570; (1986)58CTR(SC)144; [1986]161ITR386(SC); 1986(2)SCALE277a; (1986)3SCC709; [1986]3SCR269

..... to maintain diverse sorts of mechanical appliances and had, inter alia, owned motor transport, tractors, launches, elephants, cattle and diverse assets for the purposes of working these forest leases. ..... 3 really does not arise because for levy of a balancing charge under section 10(2)(vii) of income-tax act, 1922, it is absolutely necessary that the depreciable assets should have been sold at a price agreed to between ..... to him, it made no difference whether there was a sale of an asset out and out or it was a means of preventing the acquisition of profits that would otherwise be gained. ..... 1,41,156 was liable to tax under the second proviso to section 10(2)(vii) of the income-tax act, and whether there was any evidence that the conditions of the application of that proviso were all ..... the assessee was prevented from carrying on this business upon the nationalisation of the forest resources and the consequential acquisition of the residuary rights and assets pertaining to the forest leases belonging to the ..... the contractor, his agents and servants of the duty of complying with any act of the legislature and of the rules thereunder at the time being in force and applying to the concession ..... tons against livestock like elephants, etc.6. ..... , headquarters, elephants, cattle, stores, buildings, dwelling houses, motor transport, tractors, ..... the accounting year ending 31st may, 1951, in respect of depreciable assets were liable to tax under the act or were altogether free from such liability. .....

Vasantkumar Radhakisan Vora Vs. the Board of Trustees of the Port of B ...

Court : Supreme Court of India

Reported in : AIR1991SC14; JT1990(3)SC609; 1990(2)SCALE297; (1991)1SCC761; [1990]3SCR825

..... in relation thereto including the lease and the right to ejectment pursuant to quit notice stood transferred to the respondent.sub-section 2(a) of section 133 'repeal' of the major port trusts act, 1963 states that on the application of the central act to the port of bombay, except the provisions thereof relating to municipal assessment of the properties of the port of bombay and matters connected therewith, shall cease to have force in relation ..... obligation or liability acquired, accrued or incurred under any enactment so repealed; or....any such investigation, legal proceedings or remedy may be instituted, continued or enforced...as if the repealing act or regulation had not been passed.section 17(1) provides under:in any (central act) or regulation made after the commencement of this act, it shall be sufficient for the purpose of indicating the application of a law to every person or number of persons for the time being executing the functions of an office ..... there was short delivery of one bundle out of 153 bundles consigned from japan and omitted to be delivered and it was held to constitute an act done within the ambit of section 87 of the bombay port trust act, 1879 and the bar of limitation prescribed thereunder would apply. ..... equity will, in a given case where justice and fairness demands, prevent a person from exercising on strict legal rights even where they arise not in contract, but on his own title deed or in statute, it is not necessary that there should be some pre- .....

Abdul Karim Etc. Etc. Vs. State of Karnataka and Others Etc. Etc.

Court : Supreme Court of India

Reported in : 2001(1)ALD(Cri)12; 2001(1)ALT(Cri)14; 2001CriLJ148; 2000(7)SCALE313; [2000]Supp4SCR382

..... the new change of circumstances and also in the public interest i hereby request this hon'ble court to permit me to withdraw the charges under section 3(1), 3(3), 4(1) & 5 of tamil nadu terrorist & disruptive activities preventive act 1987 against the accused venkatesan @ radio venkatesan and thus render justice'. ..... of the state of tamil nadu issued a government order directing that charges against one radio venkatesan in respect of two cases registered against him under the provisions of the tada (prevention) act be withdrawn 'in the public interest'. ..... in turn, the court has to be satisfied, after considering all that material, that the public prosecutor has applied his mind independently thereto, that the public prosecutor, acting in good faith, is of the opinion that his withdrawal from the prosecution is in the public interest, and that such withdrawal will not stifle or thwart the process ..... of 1946), or(iii) involved the misappropriation or destruction of, or damage to, any property belonging to the central government, or(iv) was committed by a person in the service of the central government while acting or purporting to act in the discharge of his official duty.and the prosecutor in charge of the case has not been appointed by the central government, he shall not, unless he has been permitted by the central ..... attempt to overawe the government of karnataka, killing of elephants, smuggling of sandal wood etc. ..... is alleged to have poached elephants and smuggled out ivory and .....

Mahesh Chandra Gupta Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : JT2009(9)SC199; 2009(9)SCALE206; (2009)8SCC273; 2009(3)SLJ385(SC); 2009(7)LC3083(SC)

..... chief justice of india, the governor of the state, and, in the case of appointment of a judge other than the chief justice, the chief justice of the high court, and shall hold office, in the case of an additional or acting judge, as provided in article 224, and in any other case, until he attains the age of sixty two years: provided that-- (a) a judge may, by writing under his hand addressed to the president, resign his office; (b) a ..... when sections 8 to 16 are applied to any high court, the legal practitioners act of 1879 stands amended to the extent and in the manner specified in the schedule of the act and if there is anything inconsistent with their provisions in the letters patent, they are deemed to have been repealed to that extent.5 ..... : every person now or hereafter entered as an advocate or vakil on the roll of any high court under the letters patent constituting such court, or under section 41 of this act, or enrolled as a pleader in the chief court of the punjab under section 8 of this act, shall be entitled to practice in all the courts subordinate to the court on the roll of which he is entered----and any person so entered who ordinarily practices in the court on the roll of which he is entered or some ..... other words, entitlement or right to practice conferred on the applicant by his name being enrolled on the rolls of the bombay high court, where he had never practiced, prevented him from being debarred from practicing in the courts subordinate to the patna high court. .....

The Trustees of Port of Bombay Vs. the Premier Automobiles Ltd. and an ...

Court : Supreme Court of India

Reported in : AIR1974SC923; (1974)4SCC710; [1974]3SCR397

..... is the period so brief as six months in terms of section 87 of the bombay port trust act, 1879 (hereinafter called the act), and if so, does time begin to run within around a week of the landing of the goods (suggested by section 61(a) of the act or, alternatively, does the longer spell allowed by the limitation act avail the plaintiff and the terminus a quo start only when the owner has been finally refused delivery ..... bench proceeded to set out the following propositions which meet with our approval:(a) in order to apply the bar under section 142 of the calcutta port act, it is first to be determined whether the act which is complained of in the suit in question can be said to come within the scope of the official duty of the person or ..... the additional solicitor general, armed with many decisions, indian and english, parried the thrust by urging the rival position that an act includes an omission in circumstances like the present, that an official may contravene the duty laid under an act and may yet purport to act under it, so much so delivery of 52 out of 53 bundles, impliedly omitting to deliver one item, is in pursuance of the statutory scheme of accepting ..... responsibility of these institutions to do their utmost to prevent pilferage is implied in the legislative policy ..... are not deliverable readily, or a substantial part of the goods has been taken delivery of and by the time the balance is sought to be removed a bandh or strike or other physical obstruction prevents taking delivery .....