Judgment Search Results Home > Cases Phrase: fisheries act 1897 Page 10 of about 59,989 results (0.089 seconds)

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. .....

Pashupati Roy and ors. Vs. State of West Bengal

Court : Kolkata

Reported in : AIR1972Cal366,76CWN797

..... the petitioners in these rules have challenged the validity of the requisition orders made under the west bengal fisheries (requisition and acquisition) act, 1965, on the ground that the said act is a colourable piece of legislation and also in violation of article 19(1)(f) and (g) and article 31 of the constitution of india.2. ..... under section 2(3) of the act fishery means any land whereon water is confined naturally or artificially whether periodically or throughout the year for pisciculture or for fishing and includes a 'tank fishery' as defined in the explanation to clause (c) of sub-section (1) of section 6 of the west bengal estates acquisition act as also fish in such fishery or 'tank fishery' does not include a tank not exceeding one acre in area adjoining a homestead and used for purposes of irrigation or domestic purpose'.3. mr. p. n. ..... mitra learned advocate for the petitioners 1ms submitted that the act purports to requisition also the fish in the fisheries and tank fisheries although such fish is by its very nature incapable of requisition. ..... for the reasons given hereinafter i am also unable to accept the submission that the provisions in the act regarding payment of compensation for requisition of fisheries is in contravention of article 31(2) and article 19(1)(f) and (g) of the constitution. .....

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 .....

Fadu Jhala Vs. Gour Mohun Jhala and ors.

Court : Kolkata

Reported in : (1892)ILR19Cal544

..... the matter referred for the opinion of this pull bench is, whether section 9 of the specific relief act can be applied to fisheries; that is to say, whether a person dispossessed without his consent of a fishery otherwise than in due course of law may sue to recover such possession within six months from the date of the alleged dispossession.4. ..... not passed until some years afterwards; and although no doubt a fishery, or a right to fish in another person's property, may be brought within the definition of 'immoveable property,' as given in that act, still the question is whether section 15, act xiv of 1859, contemplated, and section 9 of the specific relief act contemplates, cases where the party aggrieved does not and cannot claim actual or physical possession of the immoveable property, but merely claims a certain 'interest in immoveable property ..... the code, however, repeated the various kinds of property, including fisheries, on the disputed possession of which the magistrate had jurisdiction to act, but the act of 1859 gave the civil courts summary jurisdiction in cases of illegal dispossession of immoveable property. ..... the legislature, it seems to me, did not intend to deprive persons dispossessed of fisheries forcibly or, as it was expressed by act xiv of 1859, without 'due course of law,' of the summary remedy that they had hitherto enjoyed. .....

Bhubaneshwar Prasad NaraIn Singh and ors. Vs. Sidheswar Mukherjee and ...

Court : Supreme Court of India

Reported in : AIR1971SC2251; 1972(0)BLJR523; (1971)1SCC556; [1971]3SCR639

..... as is well known the object of the act was to cause transference to the state of the interest of proprietors and tenure-holders in land as also of the mortgagees and lessees of such interests including interests in trees, forests, fisheries, jalkars, ferries, hats, bazars, mines and ..... any building or part of a building comprised in such estate or tenure and used primarily as office or cutchery for the collection of rent of such estate or tenure, and his interest in trees, forests, fisheries, jalkars, sairati interest as also his interest in all sub-soil including any rights in mines and minerals whether discovered or undiscovered, or whether being worked or not, inclusive of such rights of a lessee of ..... encumbrances and such proprietor or tenure-holder shall cease to have any interest in such estate or tenure, other than the interests expressly saved by or under the provisions of the act.section 6 of the act provides for such saving and the relevant portion thereof runs as follows :(1) on and from the date of vesting all lands used for agricultural or horticultural purposes, which were in ..... out under a registered lease for a term exceeding one year or under a lease, written or oral, for a period of one year or less, referred to in section 43 of the chota nagpur tenancy act, 1908,(b) lands used for agricultural or horticultural purposes land held in the direct possession of a temporary lessee of an estate or tenure and cultivated by himself with his own stock or by his own servants .....

L.R. Naik Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1987KAR2521

..... (without altering the extent of any constituency as given in such order) having regard to the provisions of articles 81, 170, 330 and 332 of the constitution, of section 8 of the delimitation act and of this act for the purpose of giving proper representation to the scheduled castes, or as the case may be, to the scheduled tribes of that state on the basis of the number of reserved seats as ..... of the district as is included in any constituency of the zilla parishad along with the additional electoral roll prepared under sub-section (2), shall, for the purpose of this act, be deemed to be the electoral roll of the zilla parishad for such constituency :provided that the electoral roll for such constituency of the zilla parishad shall not include ..... population of not less than eight thousand and not more than twelve thousand to be a mandal, may, after previous publication, declare such area as a mandal for the purposes of this act and also specify its headquarter :provided that the government may by notification order that an area with a population of not less than four thousand may be so declared as a mandal in such ..... of villages having a population of not less than ten thousand and not more than fifteen thousand declare such area, after previous publication, as a mandal for the purpose of this act.provided that the government may by notification declare an area with a population of not less than five thousand as a mandal in such area of the districts of chickmagalur, dakshina kannada .....

Ratanlal Nath, Etc. Vs. State of Tripura and Others

Court : Supreme Court of India

Reported in : AIR1997SC1075; JT1997(3)SC148; 1997(2)SCALE331; (1997)4SCC168; [1997]2SCR475; 1997(1)LC647(SC)

..... 176 vests the superintendence, direction and control of the preparation of the electoral rolls and conduct of elections under the act in the state panchayat election commission and provides for the appointment and other matters concerning the members of the commission ..... section 177 provides that the electoral roll for each constituency 'shall be prepared in accordance with the provisions of this act and the rules made thereunder' and section 183 provides that the electoral roll for each constituency shall be prepared by the electoral registration officer in the prescribed manner with ..... 10413 of (1994) preferred by the writ petitioner, the only contention advanced is that the constitution and the act contemplate the state election commissioner to be an independent authority, not subject to the control of the state government, whereas sub-rule (3) of rules 3 of the tripura panchayats (constitution of state panchayat election commission ..... petitioner is that the provisions contained in proviso (ii) to sub-rule (3) rule 3 are inconsistent with the definition of the expression 'population' in clause (32) of section 2 of the panchayats act as well as the definition of the said expression in clause (f) of article 243 of the constitution and, therefore, incompetent. ..... provides that 'there shall be an electoral roll which shall be prepared in accordance with the provisions of the tripura panchayats act under the superintendence, direction and control of the state panchayat election commission'. .....

Sesa Goa Ltd. Vs. Joint Commissioner of Income-tax and ors.

Court : Mumbai

Reported in : (2007)213CTR(Bom)579; [2007]294ITR101(Bom)

..... tax has escaped assessment, namely:(a) where no return of income has been furnished by the assessee although his total income or the total income of any other person in respect of which he is assessable under this act during the previous year exceeded the maximum amount which is not chargeable to income-tax;(b) where a return of income has been furnished by the assessee but no assessment has been made and it is noticed by ..... the assessee a notice requiring him to furnish within such period, as may be specified in the notice, a return of his income or the income of any other person in respect of which he is assessable under this act during the previous year corresponding to the relevant assessment year, in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed ; and the provisions of this ..... is to be reopened after the expiry of four years from the end of the relevant assessment year, under the proviso to section 147 of the act, following conditions must exist:(i) the assessing officer must have a reason to believe that any income chargeable to tax has escaped assessment for the any assessment ..... lakhmani mewal das : [1976]103itr437(sc) , relied upon by shri dastur, the apex court, while considering section 34 of the indian income-tax act, 1922, has held that while it is the duty of the assessee to fully and truly disclose all primary facts necessary for the purpose of assessment, it is no part of his duty to point out .....

Mrs. Khorshed Shapoor Chenai and ors. Vs. Assistant Controller of Esta ...

Court : Supreme Court of India

Reported in : AIR1980SC775; (1980)14CTR(SC)356; [1980]122ITR21(SC); (1980)2SCC1; [1980]2SCR315

..... was the duty of the respondent, after scrutinising the account filed and examining the materials produced before him, to value the estate of the deceased properly under section 36 of the act and when he accepted the compensation fixed by the special deputy collector as the proper valuation he must be deemed to have adopted that valuation as his own estimated value of the ..... notice was issued under section 61 with a view to get over the bar of limitation under section 73a, which would otherwise be applicable to a notice under section 59(a) of the act and (b) that for purposes of section 61 the land acquisition proceedings and land references in the civil court could not be regarded as part of the assessment record and the so-called ..... pending in civil court at the date of the deceased's death, the estimated value can never be below the figure quantified by the collector because under section 25(1) of the land acquisition act, civil court cannot award any amount below that awarded by the collector; the estimated value may be equal to the collector's award or more but can never be equal to the tall ..... contended that no sooner the collector (the special deputy collector herein) made his awards determining the amounts of compensation payable to the claimants under section 11 of the land acquisition act, the right to receive compensation must be regarded as having merged in the awards, the determination having been made by a statutory public official and what the claimants would be left .....

Ratan Kumar Dixit and Others Vs. State of U.P. and Others

Court : Allahabad

Reported in : 2000(4)AWC3433; (2001)1UPLBEC390

..... considering a similar question relating to delimitation and reservation for the purpose of holding election in the panchayats, observed as follows :'.....if we read articles 243c, 243k and 243o in place of article 327 and section 2 (kk) of the delimitation act, 1950, it will be obvious that neither the delimitation of the panchayat area nor of the constituencies in the said area and the allotments of seats to the constituencies could have been challenged or the court could have ..... view of the constitutional provisions contained in article 243p(g) 'population' would mean the population as ascertained at the last preceding census of which the relevant figures have been publishedand after taking note of section 2 (53a) of the act it has been held that as the last survey had been done in the year 1991 and the figures of the said survey alone are available, the same had been taken into consideration. ..... was no error or illegality in creating the wards or reserving the same for different categories of persons and provisions of section 32 of the act had been fully complied with, and as such, there was no ground for quashing the final order or for staying the holding of elections.5 ..... he has further contended that the draft of the order under subsection (1) of section 32 of the act, which was proposed to be passed by the state government, was published in the official gazette and also in the newspapers inviting objections and the objections filed thereto had been considered which were decided .....