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V.K. Mishra and Another Vs. Central Registrar of Co-operative Societie ...

Court : Delhi

Reported in : [1990]68CompCas380(Delhi)

..... of lease or license under the indian fisheries act, 1897, and the rules framed there under ..... proper maintenance of various books and records of the multi-state co-operative society and for the correct preparation, timely submission of periodical statements and returns in accordance with the provisions of this act, the rules and the bye-laws; (e) convening meeting of the general body of the multi-state co-operative society, the board and the executive committee and other committee or sub- ..... - (1) if in the opinion of the central registrar the board of any multi-state co-operative society is persistently making default or is negligent in the performance of the duties imposed on it by this act or the rules or the bye-laws or has committed any act which is prejudicial to the interests of the society or its members, or has omitted or failed to comply with any directors given to it under section 47 or there is a statement in the constitution or function of the ..... to cancel the lease or license vested in the collector, it was only the collector who could take an independent decision and could not act upon the directions of the government (at page 83) : 'we then pass on to a consideration of the impugned orders of the collector. ..... below as may be necessary or expedient for the purposes of carrying out its functions under the act and the rules made the there under :(i) placing before the general body the annual report and the audit report;(ii) recommending the distribution of profits to the .....

Jalla Seshaiah and Others Vs. Moka Venkateswarlu and Others

Court : Andhra Pradesh

Reported in : AIR1991AP343; 1991(2)ALT547

..... (2) whether the fisheries act of 1897 continues to be in force with regard to interu-swamp and the plaint schedule area in spite of the passing of the gram panchayats act, as far as the interu swamp ..... the indian fisheries act of 1897 continues to be in force after the ..... under the indian fisheries act, act iv of 1897 the fisheries department was granting licences to the fishermen to do fishing with ..... , tanks, cisterns, fountains, wells, stand-pipes and other water works (including those used by the public to such an detent as to give a prescriptive right to their use) whether existing at the commencement of this act or afterwards made, laid or erected and whether made, laid or erected at the cost of gram panchayat or otherwise for the use or benefit of the public, and also any adjacent land, not being private property, ..... by necessary implication the indian fisheries act ceases to have force with ..... they claimed that after passing of the gram panchayat act the fisheries department has no control or right to regulate the fishing ..... lordship laid down the principles that with regard to certain tanks known as raja tank, subbayya tank, momti tank and kukkalagunta in biceavole village, the fisheries department does not have any rights of regulation or control and the power to issue licences after the advent of the gram panchayats act is with the panchayat. ..... fisheries department to control the fishing and to issue the licences is not in any way impaired by enactment of the gram panchayats act. .....

Kheralu Taluka Matsya Udyog Seva Sahakari Mandli Ltd. Vs. State of Guj ...

Court : Gujarat

Reported in : AIR2003Guj97

..... further it is directed to submit when the draft of payment is received and the concerned officers of the fisheries shall return the cheques which were given by the petitioner but not encashed due to the pendency of this ..... up to june 2002 and therefore, he submitted that since the contract is finally not terminated by the deputy director though in his submission the commissioner/director of fisheries has jurisdiction to take the decision whether the contract is to be terminated or not. ..... is additional reason for giving direction to the director of fisheries to take the decision because the allegations are made against the ..... of the view that, if the decision is taken by the director of fisheries in this regard, it would be just and proper. ..... is observed that in the facts and circumstances of the case, the decision will be taken by the director of the fisheries as contract should be finally terminated or not? ..... as the challenge to the notice dated 8th january, 2000 is concerned, since it is the contention of the petitioner that the deputy director of fisheries has no authority and it is only for the director of fisheries to take the decision. ..... and in housing scheme given by the director of fisheries to the petitioner society. ..... director of fisheries who has reported to the deputy director for taking action, more particularly, ..... shall be deposited by the petitioner society within a period of three weeks from today and therefore, the petitioner society is directed to act as per the statement. .....

Santipur MIn Silpa Samabai Samity Ltd. and Etc. Vs. State of Assam and ...

Court : Guwahati

..... the remaining fisheries in the sub-division available in that year under tender system of sale, shall remain open for settlement ..... indicates that, with prior approval of the state government, not more than 60 per cent of the fisheries in a sub-division available for settlement in a year shall be selected for 'sale under tender system only with the co-operative fishery societies formed with 100 per cent shareholders from members of actual fishermen belonging to the scheduled caste of the state and/or maimal community of the district of cachar (which i shall refer to as the 'society') and ..... m/s santipur min silpa samabai samity limited has challenged the impugned order of cancellation of extension as well as the settlement of the fishery with dharmeswar das on the ground that the extension order was cancelled without giving an opportunity of hearing. ..... , the government of assam under its order dated 2-6-92 cancelled the extension on the ground that the society had failed to comply with the directions of the government given in the extension order, and settled the fishery with the respondent dharmeswar das for a period of three years. .....

Jarban Das Vs. Bothagathia Dipling Meen Samabai Samity Ltd. and ors.

Court : Guwahati

..... it is the submission of the learned counsel for the private respondent that the appellant was entitled to be in possession of the fishery for four months twenty days as per the order of the high court, arrived at, with the consent of the parties in w.a. ..... learned counsel for the appellant submits that the appellant having not been given possession of the fishery in question has sustained loss by not operating the fishery and taking into consideration those factors, the extension granted in favour of the appellant was just, fair ..... the corporation being an independent body has to decide its right to give settlement of the fishery as per the rules and guidelines framed by the corporation and not on the basis of the directions issued by the government or any minister ..... single judge was of the view that it is for the corporation to decide and adjudicate upon whether the extension is to be granted or a normal procedure has to be adopted for giving settlement of the fishery right by inviting tenders and the corporation is not to act upon the advice or directions given by the government. ..... government stayed the tender process and directed the corporation for extension of thelease of the fishery in question for another five years in favour of the appellant. ..... settlement right given to the said ganga fishery co-oparative society was cancelled and the fishery right was settled with the appellant. ..... 'the corporation') praying for extension of the period of fishery lease right for the next five years. .....

Manu Ram Das Vs. Assam Fisheries Development Corporation Ltd. and ors.

Court : Guwahati

..... 4 in its affidavit stated that on coming to know about the offer of the respondent/corporation vide the corporation's communication dated 17-4-99, allowing him lo operate the fishery-in-question for a period of five years, he submitted a representation before the managing director of the corporation for extending the time for deposit of the first kist money of the revenue for the charan meen ..... decision of the home secretary that a prisoner should serve a term of at least 20 years was quashed because he acted as a rubber stamp on the advice of the judge or of the parole board without making his own decision. .....'8 ..... in such case, the authority docs not apply its mind and act as per its own judgment but abdicates its discretion to an unanimous agency to decide and consequently, the decision fs ultra vires and ..... but there is distinct dissimilarity between 'not shutting its ears' and acting mechanically at the direction of another thereby allowing that body to exercise the ..... in the case in hand, the corporation was acting under the directions from the minister whereas the decision making power relating to the management as well as the disposition of the corporation property was vested on the ..... in the instant case, the corporation since acted as per dictation of the minister, the said order suffers from the vice of non-application of ..... for the office was acting under directions from the minis-ter, whereas he was a statutory authority in his own right and should have exercised his personal .....

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. .....

Kusumpara Pakaria MIn Samabai Samity Ltd. Vs. State of Assam and ors.

Court : Guwahati

..... and effective hearing (oral hearing) with the following directions: (i)till disposal of the matter by the state government, status quo as regards the possession of the fishery as of today shall be maintained; (ii)thc parties shall appear before the second respondent deputy secretary to the government of assam (fisheries department) on 11-9-92 for the purpose of receiving direction as to further proceeding in the matter; and (iii) after hearing both the parties, the government may cancel or affirm ..... but the order of extension was revoked by the order dated 25-5-92 and the fishery was settled with the fifth respondent. ..... 129 haria dublong fishery (which we shall refer to as the 'fishery') with the fifth respondent m/s. ..... for the non-compliance with audi alteram partem rule of natural justice at a pre-decisional stage, the order of revocation of the extension of the term of settlement of the fishery is liable to be struck down. ..... facts, -- the fishery was settled with the petitioner for a period of 3 years expiring on 31-3-92. ..... has challenged the order of the government of assam dated 25 may, 1992 settling the fishery no. .....

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. .....

Lakshman Gowroji Nakhwa Vs. Ramji Antone Nakhwa

Court : Mumbai

Reported in : AIR1921Bom93; (1921)23BOMLR939

..... of navigation and must be used as such: and is subject to the proper discretion of the harbour authorities in the interest of all having the like right and may be subject to statutory restrictions, such as section 30 of the indian ports act, 1908 accordingly in general the right will prevail against the owner of the foreshore who may not cut adrift the mooring buoys used by yachts or other vessels for the purpose of navigation: see attorney ..... xxvi, part ii, which was published under government orders in 189 and which sets out many valuable resolutions and letters of the east india company relative to the fisheries in and around bombay, the first of which dates back to 1670, and i should not have had this but for the industry and personal researches of ..... 162 in a letter from the collector of the 16th december 1791 where he says :-the indulgences granted these people are an exclusive right to all the fishery, not only in all water surrounding this island but for several leagues out in the sea and where they and their property are protected and secured from being plundered by pirates, by the ..... the fact, therefore, that stake fishing is an ordinary method of public fishing along this coast puts a serious difficulty in the way of the defendant for acts which he could rely on under english law to establish a several fishery may be attributed here merely to his exercise of a public right. ..... there is a similar definition in section 3(25) of the general clauses act, 1897. ..... wright [1897] 2 q.b .....