Judgment Search Results Home > Cases Phrase: fisheries act 1897 Page 11 of about 59,989 results (0.073 seconds)

income-tax Officer and ors. Vs. R.P. Handa

Court : Punjab and Haryana

Reported in : (1994)116CTR(P& H)166; [1994]206ITR537(P& H)

..... may, in his discretion, whether on his own motion or otherwise reduce or waive the amount of penalty imposed or imposable on a person under clause (iii) of sub-section (1) of section 271 of the act, if he is satisfied that such person has, prior to the detection by the income-tax officer, of the concealment of particulars of income or of the inaccuracy of the particulars furnished in respect of such income, ..... in any enquiry relating to the assessment or any proceeding for the recovery of any amount due from him : provided that where the amount of any penalty payable under this act or, where such application relates to more than one penalty, the aggregate amount of such penalties exceeds one hundred thousand rupees, no order reducing or waiving the amount or compounding ..... the full and true disclosure of the income in a case where the books of account and other documents have been seized by the income-tax authorities under section 132 of the act, would be available to a person who places all the books of account and other documents in his possession before the income-tax authorities in good faith and to the best of ..... may, on an application made in this behalf by an assessee, and after recording his reasons for so doing, reduce or waive the amount of any penalty payable by the assessee under this act or stay or compound any proceeding for the recovery of any such amount, if he is satisfied that - (i) to do otherwise would cause genuine hardship to the assessee, having regard to the .....

Raja Braja Sundar Deb Vs. Moni Behara and ors.

Court : Supreme Court of India

Reported in : AIR1951SC247; [1951]2SCR431

..... on the fishery from time to time between may, 1933, and november, 1933, and disturbed the plaintiff in the enjoyment of his right and have caused loss to him and his co-sharers by catching large quantity of ..... to it, that in the year 1918 they started proceedings under section 145, criminal procedure code, to create evidence of their possession but in spite of those proceedings the plaintiff continued to be in possession of the fishery and has been catching fish by employing fishermen, that by taking advantage of the fact that there are several co-sharers in the zamindari and there is mismanagement of the estate, the defendants wrongfully and unlawfully trespassed ..... fish in these waters by a number of landlords on payment of rent but that the present defendants were not the descendants of those fishermen who were occasionally granted leave to fish and that those isolated acts of letting the fishery were not connected with one another and from these it could not be inferred that the defendants or their predecessors were in continuous possession of the ..... different co-sharers in favour of different persons were executed on the 1st may, 1895, 5th may, 1896, 9th may, 1897, and 22nd october, 1899; but in none of those receipts is any mention made of any fixed rental of rs. .....

Baralimari/Chitalmari Meen Samabai Samity Ltd. Vs. State of Assam and ...

Court : Guwahati

..... that the co-operative society continues and can institute and defend suits and other legal proceedings, despite, dissolution of its administrative council and/or the managing body would be clear from -- 85 of the act which states that every registered society shall be deemed to be a body corporate by the name under which it is registered, with perpetual succession and a common seal, and power to hold property, to ..... krishna kanta sarkar, secretary of the petitioner-society related to the affairs of the petitioner-society, settlement of the fishery in question could not be denied to the petitioner-society only on this ground if the petitioner-society satisfied all other conditions stipulated in the proviso to rule 12 of the rules for settlement of fisheries and if the petitioner-society otherwise deserved the settlement on the basis of comparative merit vis-a-vis other applicants.8. ..... for the reasons stated above, i quash the impugned order dated 16-1-1997 of the deputy secretary to the government of assam, fishery department and direct the respondents 1 and 3 to pass fresh orders of settlement for the periods in future in accordance with law keeping in ..... in future and to establish before the competent authority of the state government that they satisfy all the conditions underlying the proviso to rule 12 of the rules for settlement of fisheries including the condition that the fishermen constituting the membership of their respective societies reside in the neighbourhood of nos. .....

Baban Mayacha and ors. Vs. Nagu Shravucha and ors.

Court : Mumbai

Reported in : (1877)ILR2Bom19

..... impost exacted from all full-grown men of the common fishing caste, in the belief apparently that if any adult males of that caste did not engage in sea-fisheries, they were rare exceptions to the general rule, and also that the number of persons of other castes who did engage in that trade was inconsiderable, and not such ..... which is declaratory of the common law of this country--as well as by the common law of england, the bed of a navigable river is not the property of any individual, and consequently the right of fishery in such rivers is not private property, but that right is a right common to every person; and if any individual claims an exclusive right in navigable waters, he must show that it has been acquired ..... fisheries mentioned in act xvi of 1838, section 1, clause 2, as to which the revenue courts, and the fisheries mentioned in act x of 1872 (criminal procedure code) sections 530 and 531 as to which the magistrates are respectively empowered summarily but temporarily to decide questions of possession, would seem to be private fisheries ..... untouched all fisheries which were made several, to the exclusion of the public, by act of the ..... fisheries which, for the purposes of the registration act ..... the limitation acts), (and admitting the very special exception of what in england are termed chattels real), it is sufficient to say that, generally speaking, that coincidence is found to exist, and there does not seem to be any reason for presuming that private fisheries constitute .....

Union of India (Uoi) Vs. Ram Kamal Bezbarua and ors.

Court : Guwahati

..... may, 1944, it is further alleged that another party of indian and british soldiers, with a large number of army trucks and vehicles, entered into the nawpookhri fishery and occupied the western and the western half of the northern bank of the nawpookhri tank without any kind of requisitioning under the existing laws. ..... for which an action would lie against the secretary of state are- (1) acts professedly done under the sanction of the municipal law and in the exercise of powers conferred by that law and similarly acts for which there is an enforceable statutory obligation, (2) acts of detention by the government or jits officials, of lands, goods or chattels belonging to the subject including acts of trespass, and (3) acts expressly authorised by the government or where the government has profited by their performance ..... law in the case is whether and to what extent, if any, the government of india could claim immunity under the government of india act, 1935, against its subjects on the ground that impugned acts were clone or committed in the exercise of the sovereign powers of the state or that they were torts committed by its servants. 23. ..... occupation of the fishery by the army was for the purposes of efficient and successful prosecution of the war, the acts by which the fish is alleged to have been lost were mere wanton acts of waste by ..... justifiably be described as an act of trespass committed by the troops when they occupied the western and the northern banks of the fishery. 66. .....

Zakir HussaIn and ors. Vs. State of Assam and ors.

Court : Guwahati

..... nowhere in chapter vii, the zilla parishad has been vested with the powers of issuing settlement order in respect of such hats, ferries and fisheries.the act vests powers of initiating the process of settlement by inviting tenders with the anchalik panchayat only. ..... the above question has cropped up in view of the provisions of section 109 (6) or the assam panchayat act, 1994 which provide for settlement of hats, ferries and fisheries falling under any anchalik panchayat within the jurisdiction of a zilla parishad by the zilla parishad.6. ..... - (1) save as otherwise provided in this act or rules framed thereunder, all fisheries of an anchalik panchayat shall be settled by the anchalik panchayat in the manner prescribed for a period coinciding with or not exceeding one panchayat financial year by inviting tender at the office of the anchalik panchayat by its president.(2) ........................................................................................................ ..... the only power under the scheme of the act available to the zilla parishad is that the final order of settlement shall be issued by it after examination and scrutiny as provided in sub-section (6) of section 109 only in respect of hats, ferries and fisheries valued above rs. ..... section 19 of the act provides for the functions of the gaon panchayat which amongst others includes the powers of development of fisheries in villages. .....

Brojendra Kishore Vs. Governor-general in Council

Court : Kolkata

Reported in : AIR1944Cal315

..... nor pools or sheets of water left in the deserted bed of the river, the main channel of which hnd shifted and which is still navigable, and our observations to the effect that the right of a subject to a several fishery in a navigable river is extinguished on the river losing its navigable character must be taken to he limited to the type of cases which we have before uss ..... . the propositions of law laid down in that case which are material to the case before us may be summarised thus: (i) that a several fishery must be founded upon a grant from the crown; and (ii) that the river need not flow over the land of the government and the right of the government does not depend upon the ownership ..... we do not think that by the acquisition of the land the fishery in that part was also acquired, for though by the definition in section 3 (a), land acquisition act, 1894, land includes benefit to arise out of land, a several fishery cannot be taken to be benefit arising out of land ..... although he held that the fishery to the extent of eight annas still belonged to the crown he refused to give the plaintiff either a declaration of title or joint possession with the defendants on the ground that after part 3, government of india act, had come into force, the province of bengal only and not the central government could bring the suit.3 ..... . a several fishery cannot be regarded as an encumbrance, for it has no connexion with the act or abstention of the owner of the land over which the navigable river .....

State of Maharashtra Vs. Reliance Industries Ltd..

Court : Supreme Court of India

..... if the owner desires that the whole of such house, manufactory or building shall be so acquired: provided also that, if any question shall arise as to whether any land proposed to be taken under this act does or does not form part of a house, manufactory or building within the meaning of this section, the collector shall refer the determination of such question to the court and shall not be take possession of ..... this prohibition unambiguously indicates that if the owner expresses his desire that the whole of the house should be acquired, no action can be taken in respect of a part of the house under any provision of the act, and this suggests that where a part of the house is proposed to be 34 acquired and a notification is issued in that behalf, the owner must make up his mind as to whether he wants to allow the ..... bihar [(1967) l scwr214 it was observed that a building standing on the land and the land on which it stands may not for the purposes of the land acquisition act ordinarily be regarded as separate units capable of being separately valued and the reference court in the normal course should have valued the land and building as composite property by the ..... suffice it to state that notification under section 4(1) of the land acquisition act, 1894 (for short the act ) was published on 14-5-1956 for reclamation of the fisheries in the lands comprising cadastral plots enumerated in the notification, of an ..... to that of the words immovable property in the general clauses act 1897. .....

Sudhir Chandra Mandal and ors. Vs. State of Orissa and ors.

Court : Orissa

Reported in : AIR1989Ori70; 66(1988)CLT361

..... after considering the matter, the additional district magistrate held that the kalinga karnadhar primary fishermen's cooperative society had no justification to lay any claim on the fishery sources beyond the 56 sources listed by the committee, in its resolution dated 10-5-1985 and the tahasildar,marsaghai would be at liberty to settle all thefishery sources other than those 56 sources in ..... 287 of 1988 is to the validity of instructions issued by the state government in revenue department on 27-6-1974(annexure-2), where a principle has been laid down that the fishery sairat sources in the state would ordinarily be settled in favour of bona fide co-operative societies consisting of genuine local fishermen and excluding middlemen and speculators wherever the same exist or ..... notice was issued after the resolution was made by a committee on the basis of representation to the state government in the resolution 56 fishery sources were mentioned to be part of saharapenth macchdia and those were to besettled in accordance with the principle laid down in the ..... mohapatra submitted that a permanent fishery right of fishing of the keutas granted by the ex-intermediary long before the estate vested cannot be interfered with by the state government after vesting in view of section 8 of the orissa estates abolition act although the rent can be enhanced ..... fishery sairat sources in question belonged to kujanga estate which vested in the state of orissa under the orissa estates abolition act, .....

Mrinalini Roy Ratna Prova Mondal and Anothers Vs. State of West Bengal ...

Court : Supreme Court of India

Reported in : AIR1997SC2244; 1996(9)SCALE5; (1997)9SCC113; [1996]Supp9SCR70

..... suffice it to state that notification under section 4(1) of the land acquisition act, 1894 (for short, the 'act') was published on may 14, 1956 for reclamation of the fisheries in the lands comprising cadastral plots enumerated in the notification, of an extent admeasuring more or less 8760 ..... would indicate that the authorities have understood that the act does not apply to acquisition of the fisheries rights and, therefore, the acquisition was without authority of ..... senior counsel, that the 'land', as defined under section 3(a) does not include fisheries; that is made explicit by the west bengal amendment act, 1981 bringing 'fishery' within the admit of the word 'land'. ..... is true that prior to the amendment act, 1981 tank fisheries were not expressly brought within the definition of ..... the definition of 'land' expressly mentions that the tank fisheries are included within the definition of the 'estate' but vis-a-vis the rights attached therein, option has been given to the intermediary within specified time for ..... accordingly, we hold that the tank fisheries are the land and the acquisition was for ..... as seen, while reclaiming the tank fisheries for the public purpose, some of the displaced fishermen on the other lakes are sought to be rehabilitated in the lake in question by enabling them to catch the fish to ..... intermediary, if he had exercised the option after the notification abolishing the concerned estates within the specified time, then the tank fisheries stand excluded from vesting. .....