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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

..... are other legislations like fisheries act, 1897, wild life protection act, 1972 and forest conservation act, 1980 which contain ..... 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 ..... 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 ..... mehta has taken us through the notification dated february 19, 1991 issued by the government of india under section 3 of the environment (protection) act, 1986 (the act)(crz notification) and has vehemently contended that setting up of shrimp farms on the coastal stretches of seas, bays, estuaries, creeks, rivers and backwaters upto ..... as under: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 .....

Kothota Marine Fishermen Co-operative Society Vs. Director of Fisherie ...

Court : Andhra Pradesh

Reported in : 2006(4)ALD66; 2006(4)ALT715

..... government pleader for fisheries department appearing for respondents 1 to 4, who supports the case of the petitioner, submits that as per the rules framed under indian fisheries act, 1897 (fisheries act, for brevity) all the fishing rights in irrigation channels and irrigation drains are controlled by the assistant inspector of fisheries designated as fisheries officer and assistant director of fisheries. ..... the indian fisheries act 1897 continues to be in force after the constitution ..... the learned single judge in ipur gram panchayat (supra) did not even refer to the indian fisheries act, it must be held as not binding precedent being a precedent sub silentio (see a-one ..... agriculture (fish.ii) department, dated 31-12-1990, it is necessary to refer the fisheries act and the rules made thereunder by the state government. ..... a reference to the provisions of panchayat raj act, fisheries act, the rules made thereunder and the policy guidelines in ..... in exercise of the powers under section 6 of the fisheries act, the state government promulgated rules to regulate and control fishing in new ..... the writ petition is disposed of and a direction shall issue to respondents 1 to 4 to implement the fisheries act and fisheries rules framed in g.o. ms. no. ..... that section 80 of the act does not confer any power on the gram panchayat to lease out the fishing rights to an individual or to any society if such water body is included in schedule i of the rules framed under fisheries act as already noticed. .....

Ganesh Das Vs. State of Assam and ors.

Court : Guwahati

..... settlement of fisheries in the state of assam is governed by the rules for the settlement of fisheries, 1953 made under sections 155 and 156 of the assam land and revenue regulation, 1886 and section 6 of the indian fisheries act, 1897. ..... in my considered opinion, even though the group of fisheries in question were outside the 60% of fisheries reserved for settlement with fishery co-operative societies and belonged to the balance 40% of the fisheries which could be settled also in favour of an individual, any settlement in favour of any individual could be madeonly by following the tender system as indicated in rules 12 and 13 of the rules for the settlement of fisheries, 1953 and not directly by the government in favour of respondent no. 4. 5. ..... a bare perusal of rules 12 and 13 of the rules for the settlement of fisheries, 1953 would show that all registered fisheries are to be settled under tender system of sale except those cases which are governed by the proviso to rule 12. ..... though a report was called for from the deputy commissioner, kamrup, on the said application of the petitioner, no order was passed by the government setting the said group of fisheries in favour of the petitioner and instead by ' order dated 17-7-97 of the government, the said group of fisherie's were settled with sri basanta kumar das, respondent no. 4. .....

Maho Ram Hazarika Vs. A.M. Deshmukhya, Additional Deputy Commissioner ...

Court : Guwahati

..... under section 155 and 156 of the assam land and revenue regulation, 1886, read with section 6 of the indian fisheries act 1897.2. ..... option under rule 13 and obtaining the settlement in its favour.the position, however, would be different if it is found that at the time when the bid was offered it was not really a fishery society, but a namelender for certain individuals, who were not bona tide fishermen by profession, answering to the description given under rule 13, and who merely wanted to profit under cover of that name by ..... invited before the sale is finalised; in other words, the option should come from the officer conducting the sale, who after recording the highest bid, may announce that the registered co-operative fishery society or the individual actual fisherman, who has offered substantial bid, may take settlement at the highest bid in order of preference; and in case no such offer was given, the ..... commissioner, however, again referred the case to the additional deputy commissioner for a report and the latter officer merely suggested that there was a possibility of the tingrai fishery co-operative society being amalgamated with the naharkatiya fishery co-operative society; and evidently acting entirely on this report, the deputy commissioner directed settlement to be made with the respondent no. ..... cooperative fishery society cannot be disputed as it was registered in the year 1935 under the co-operative societies act and the name of the society was 'the dibrugarh fishery co- .....

Papanasam Fishermen Co-op. Society Ltd. and anr. Vs. the Collector of ...

Court : Chennai

Reported in : AIR1975Mad81

..... was not drawn to the fact that the collector exercised, in granting the licence and entering into the lease in respect of the fishing rights, a statutory authority traceable to the indian fisheries act, 1897, as amended by madras act ii of 1929 and the rules framed thereunder.2. ..... fisheries act, 1897, provides for certain matters relating to fisheries ..... in these appeals, where the collector was undoubtedly acting pursuant to a statutory power, namely, the indian fisheries act and the rules made thereunder. ..... that, when the collector granted the licence to the appellant, he acted in conformity with section 6 of the indian fisheries act and the rules just mentioned. ..... to rule 2 of the tamil nadu inland fisheries (lease and licence) rules, 1972, and contended that, if the lease was entered into on a direction from the fisheries department, the rule would have no application. ..... is the position, it follows that, when the authority is controlled by the provisions of the act and rules made thereunder, even the terms and conditions in the lease would be traceable to ..... power and in terms thereof, the state government made rules called the tamil nadu inland fisheries (lease and licence) rules. ..... fishing without lease or licence in waters under control of fisheries department. ..... "this sub-section was amended by madras act ii of 1929 and as amended the subsection, which has for now, is-"such rules may also prohibit all fishing in any specified water except under a lease or licence granted by government and .....

Commissioner of Customs Vs. Edhayam Frozen Foods and Cestat, South Zon ...

Court : Chennai

Reported in : 2008(133)ECC275; 2008(159)LC275(Madras); 2008(230)ELT225(Mad)

..... his case, he brought to our notice the definition contained in indian fisheries act, 1897. ..... of a statutory authority to sort out the problems faced by the marine product industry, enacted by the central government is the marine products export development authority act, 1972 (act 13 of 1972), in which 'marine product' has been defined as follows:marine products' includes all varieties of fishery products known commercially as shrimp, prawn, lobster, crab, fish, shell-fish, other aquatic animals or plants or parts thereof and any other products which ..... to whether 'fish' would include prawns/shrimps, is a question of fact, when the tribunal and the authorities below have held, that they are two different commodities under section 130 of the customs act, an appeal which involves a substantial question of law, can alone be entertained and the issue being question of fact, the court need not interfere with the finding arrived at by the ultimate fact finding authority ..... said arguments, the learned additional solicitor general contended that the legislature, during the time of enacting agricultural produce cess act, 1940 did not think to define the term 'fish' or any other term contained in the schedule. ..... he further relied on the fao technical guidelines for fisheries management in which the term 'fish' has been defined as follows:definition of 'fish'(1) used as collective term, includes molluscs, crustaceans and any aquatic animal, which is harvested(2) any animal living exclusively .....

Co-operative Society Ltd. and anr. Vs. State of Assam and ors.

Court : Guwahati

..... the notification said: 'in exercise of the powers conferred by sections 155 and 156 of the assam land and revenue regulation, 1886, and by section 6 of the indian fisheries act, 1897 (iv of 1897), the governor of assam is pleased to make after previous publication the following rules for the settlement of fisheries in supersession of previous rules in this behalf appearing in appendix iv-a at pages 258-259 and the executive instructions in chapter x of part iv of the assam land revenue manual, volume i.' 12. ..... the deputy commissioner, with the previous sanction of the state government, may by proclamation published inthe prescribed manner, declare any collection of water, running or still, to be a fishery and no right in any fishery so declared shall be deemed to have been acquired by the public or any person either before or after the commencement of this regulation, except as provided in the rules made under section 155. ..... order passed by the board (dated 5-5-80) is without jurisdiction inasmuch as the appeal purported to have been filed under section 147 of the assam land and revenue regulation (hereinafter 'the regulation') or under rule 11 of the assam fishery rules (hereinafter 'the fishery rules') is not maintainable as the impugned order dated 3-5-80 makes only an interim arrangement to prevent any loss of government revenue pending settlement of the .....

Arabinda Das and Etc. Vs. State of Assam and ors.

Court : Guwahati

..... in 1960 in exercise of the powers conferred by sections 155 and 156 of the regulation and by section 6 of the indian fisheries act, 1897 certain amendments were introduced by gazette notification no. ..... subject to this condition the agency of middlemen as lessees shall be done away with as far as possible, (i) co-operative fishery societies formed by actual fishermen of the scheduled caste and registered under the indian co-operative societies act, and (ii) individual actual fisherman of the scheduled caste shall be given preference, in the order stated above, in the matter of settlement of fisheries, provided their tender is not below an amount which is less than the highest tender by only 10 per cent ..... fisheries shall be settled to the best advantage and subject to this condition, the agency of middlemen as lessee shall be done away with as far as possible, (a) a co-operative fishery society formed by actual fishermen of the scheduled caste and registered under the assam co-operative societies' act, 1949, shall be given option of taking settlement of fisheries at the highest tender, provided that its tender is not less than 7 1/2 per cent of the highest tenderer. .....

Sabaru Ram Izardar Vs. the State of Assam and ors.

Court : Guwahati

..... described originally as rules under section 155 of the regulation, they were in practice being taken as such till they were bodily incorporated in appendix iv-a as rules framed under section 6 of fisheries act, 1897 and sections 155 and 156, assam land and revenue regulation, 1886 vide notification no. rf. ..... opinion, the petitioner is quite justified in contending that the order of the director of land records with regard to the direction that the arrear of revenue for previous settlement of the fishery should be realised from the deposit made by the petitioner in this case was in excess of his jurisdiction and that government's order of direct settlement in such circumstances was illegal and ..... that we should express our view with regard to the powers enjoyed by the government under rule 190-a of the fishery rules and they, having acted in the present circumstances in defiance of the existing rules with regard to the settlement of the fishery, the government's order is ultra vires. 32. ..... acting chief justice has opined that we are not called upon to give a decision on the point as to whether the government has any direct power of settlement or not in pursuance of rule 190-a in view of the fact that in this case, the petitioner has failed to prove any legal right to the settlement of the fishery ..... the learned acting chief justice has given in his judgment the reasons showing that the state government has no residuary power of settlement of a fishery as claimed by the advocate-general .....

Sharda Nath Vs. Delhi Administration

Court : Delhi

Reported in : 1997IAD(Delhi)329; 65(1997)DLT351; 1997(40)DRJ349

..... it was a case in which the terms and conditions of the lease of fishing rights in inland waters were traceable to indian fisheries act,1897. ..... the learned counsel in order to buttress his argument has led me through section 105 of the transfer of property act which envisages ' a lease of immovable property is a transfer of a right to enjoy such property, made for a certain time, express or implied, or in perpetuity, in consideration of a price paid or promised, or of money, a share of crops, service or any other thing of value, to be rendered ..... ' but all questions of law, one of which may be interpretation of the agreement, need not necessarily be withdrawn from the domestic forum because the court has discretion under section 34 of the arbitration act or under article 226 of the constitution and that the court is better posted to decide such questions. ..... respondents were wrong in the above contention, the petitioners were not entitled to invoke the writ jurisdiction of the high court under article 226 of the constitution inasmuch as the action complained of was not a statutory act but was merely the exercise of the powers conferred on a lesser under the terms of a lease deed. ..... only those provisions of the transfer of property act which come in conflict with the terms and conditions of the leases which are executed under the government grants act would be inapplicable to the said leases. .....