Judgment Search Results Home > Cases Phrase: fisheries act 1897 Page 26 of about 59,989 results (0.068 seconds)

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. .....

Makh Mod Ali Vs. State of Assam and ors.

Court : Guwahati

..... the settlement of fisheries belonging to the state government or an instrumentally under the government is governed by the rules framed under the indian fisheries act. ..... no procedure has been prescribed to be followed in granting settlement of fisheries and as such the authorities are supposed to adopt a well informed procedure to ensure the transparency. ..... 11,000 while the authority settled the fishery with the private respondent no. ..... of course, preference should always be given to the fisheries co-operative societies of the locality. ..... without any valid reason whatsoever the authority settled the said fishery with the respondent no. ..... fisheries could also be settled with fisheries co-operative societies under rule 13. ..... pursuant to that fishery rules the deputy commissioner or the additional deputy commissioner in case of sadar sub-divisions and the sub-divisional officers in case of other sub divisions are the settling authorities. ..... 4 and for a mandamus commanding the respondents to settle the said fishery in his favour.2. ..... 3, sub-divisional officer (civil), lakhipur, cachar floated tender inviting quotations for setting 41 roko river fishery vide memo no. ..... in absence of any reasoned order spelling out the compelling grounds, normally the authority shall not grant or allow extension of settlement of fisheries.5. ..... 41 roko river fishery. .....

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- .....

Assam Fisheries Farms and Industries Ltd. Vs. the Development Commissi ...

Court : Guwahati

..... any particular bidder and may decide, on the materials before him, whether the, sale should be effected in favour of some other bidder.the development commissioner, in following these executive rules, cannot be said to be acting as a judicial officer & it is open to him to take into consideration various factors in making the settlement in favour of one bidder or another, though one would expect that in the exercise of that discretion he will not ..... the deputy commissioner is authorised under the rules to fix a date not later than 15th february, for the sale of all registered fisheries held under leases; and the date should be proclaimed at least a month in advance by a written notice in the prescribed form and published in accordance with the manner ..... petition, the petitioner has admitted that the settlement in favour of the opposite party of the fishery in question was finally made, not by the development commissioner himself, but by the deputy commissioner; but his complaint is that the deputy commissioner was acting merely as an agent of the development commissioner and in obedience to the order passed by ..... 3 was wholly without jurisdiction; (2) that the deputy commissioner, in making a fresh settlement in favour of the opposite party, did not exercise his own discretion, but acted only in pursuance of the directions given by the development commissioner; and (3) that the concession shown to the opposite party in making the settlement violated the provisions of article 14 of .....

Companion Traders Pvt. Ltd. and ors. Vs. Kolkata Municipal Corporation ...

Court : Kolkata

..... writ petition is disposed of by directing the kolkata municipal corporation being the successor of the said authority to consider the said mutation application upon serving proper notice to the fisheries department requesting them to depute their authorized representative and to conclude the said proceeding within a period of four weeks from the date of the communication of this order. ..... the l & lr department in its memo no.as- 44/la/tr-20/09 dated 27th january, 2010 was directed to hand over the possession of land relinquished by the fisheries department in favour of the land owners.the fisheries department contended that this department has no authority to de-requisition the concerned plots and the office of the additional district magistrate, south 24-parganas, is ..... in view of the admitted position as is discernible from the letter dated 26th april, 2010, disclosed by the fisheries department that the l & lr department in its memo dated 27th january, 2010 had directed handing over the possession of several lands which include the plots of land in question in ..... in view of section 7 of the west bengal fisheries (requisition and acquisition) act, 1965 procedures indicated therein is required to be ..... fisheries department for whom such requisition was made has categorically stated in the affidavit that they do not require the said plots and the same may be de-requisitioned following the procedure prescribed under section 7 of the west bengal fisheries (requisition and acquisition) act .....

Kodaikanal Boat Club Represented by Its Hon. Secretary Vs. the State o ...

Court : Chennai

Reported in : (1995)1MLJ596

..... municipal councils: all public water courses and springs and all public reservoirs, tanks, cisterns, fountains, wells, stand pipes and other water works existing at the time of the coming into force of this act or afterwards made, laid or erected and whether made, laid or erected at the cost of the municipal council or otherwise, and also any adjacent land (not being private property) appertaining thereto shall ..... 19.5.1987 will again prove the case of the club that the lake is in charge of the department of fisheries and that the 4th respondent has no right for granting permission to carlton hotel to ply boats in the ..... is also seen from the correspondence placed before this court that v they are all only with the fisheries department as well as with the government of tamil nadu and that the 4th respondent has no right ..... it is reiterated that the 4th respondent has no locus standi to question it since the government of india as well as the fisheries department of government of tamil nadu are permitting the plying of boats in order to attract the tourists to kodaikanal and are also granting aid from time to time for ..... by virtue of section 125(2) of the act, the state government has power to retain the administration of any public source of water supply situated in the township and in the instant case, as already stated, the governments early as 1951 handed over the management of the lake to the fisheries department and therefore, the 4th respondent cannot claim any licence fee for .....

Mihir Kumar Sarkar and ors. Vs. the State of West Bengal and ors.

Court : Kolkata

Reported in : AIR1972Cal355

..... . the petitioners in or about august, 1968, came to know from newspapers about the land acquision proceedings for acquisition of the lands of the said fisheries and they challenged the acquisition proceedings on various grounds, by filing petition under article 226(1) of the constitution giving rise to civil rule no ..... they had also made out an alternative case to the effect that they had taken settlement of the fishery right on, this plot in the benam of sambhu nath chakraborty who had also taken settlement in the benam of some persons known as pradhans. ..... . they alleged that after the lease in favour of jew pradhan had expired, jew's sons had taken lease of the fisheries from the mullicks on the 2nd december, 1959 and had also executed a deed of nadabi in favour of dr ..... . while again asserting their and their co-sharers right and possession over a century to the said fisheries, it was stated that jeut prodhan as the lessee of the jalkar right from 1357 to 1366 b.s ..... . similar rules on petitions filed by other persons in respect of their fisheries were issued by this court and by its judgment made in all the rules it was held that the acquisition proceedings were not in accordance with the provisions of the land acquisition act, 1894 and accordingly a writ of mandamus was issued restraining the state of west bengal from proceeding with the said acquisition .....

Holyoke Company Vs. Lyman

Court : US Supreme Court

..... from the town within whose limits the mill site was then situated; that the grant included the mill privilege and a weir adjoining the mill, and the exclusive right of fishery; that the grant was subsequently confirmed by the legislature, and that no fishway was ever made through the dam until the year 1789, when one was constructed at the expense ..... banks of the stream are entitled to the whole use and profits of the water opposite their land, whether the water is used as power to operate mills and machinery or as a fishery, subject to the implied condition that they shall so use their own right as not to injure the concomitant right of another riparian owner, and to such regulations as the legislature of the state shall ..... watercourses, as resulting from the title to the banks and bed of the stream, is also the exclusive right of fishery, which also has its source in the same ownership of the soil, and the better opinion is that it is not divested or extinguished by any legislative act condemning the land to the use of another for mill purposes unless the words of the grant conferring the authority to ..... upon the governor, by and with the advice and consent of the council, by the act of the fifteenth of may, 1866, to appoint commissioners of fisheries in the said river and one other river, to hold their offices for five years unless sooner removed, and it was made their duty by the same act forthwith to examine the several dams on said rivers in said state, and after notice to .....

Manchester Vs. Massachusetts

Court : US Supreme Court

..... of newport, rhode island, duly enrolled and licensed at that port under the laws of the united states for carrying on the menhaden fishery, and it was conceded by the commonwealth that the defendant was employed upon the vessel described by said enrollment and license, and at the time of the commission of the acts complained of, he and his associates were so in the employ of the vessel described in said license. ..... nor are we referred to any decision which holds that the other acts of congress alluded to apply to fisheries for menhaden, which is found as a fact in this case not to be a food fish, and to be only valuable for the purpose of bait and ..... the superior court of the state of massachusetts for the county of barnstable syllabus the act of the legislature of massachusetts, approved may 6, 1886, laws of 1886, c.192, "for the protection of the fisheries in buzzard's bay" is valid, so far as it relates to the taking ..... 434, relating to the mackerel fisheries, and by acts relating to bounties, privileges, and agreements, and by granting the license under which the defendant's steamer was fishing, and that, in view of the act of congress authorizing such license, no statute of a state could defeat the right of the defendant to fish in ..... occasion to consider the power of the united states to regulate or control, either by treaty or legislation, the fisheries in these waters, because there are no existing treaties or acts of congress which relate to the menhaden fisheries page 139 u. s. .....

Douglas Vs. Seacoast Products, Inc.

Court : US Supreme Court

..... for what it appears to be on its face -- a quitclaim of the entire interest held by the government when the act was enacted -- rather than a transfer of that interest subject to regulatory enactments previously passed under one of the four powers ..... though manchester was a rhode island resident basing a claim on his federal fisheries license, the court held that the statute "was evidently passed for the preservation of the fish, and makes no discrimination in favor of citizens of massachusetts and ..... gibbons is written in broad language which might suggest that the sweep of the enrollment and licensing act ousts all state regulatory power over federally licensed vessels, neither the facts before the court nor ..... the law was valid because the state "may forbid all such acts as would render the public right [of fishery] less valuable, or destroy it altogether," id. at 59 ..... chief justice marshall found the conflict unquestionable: "to the court it seems very clear, that the whole act on the subject of the coasting trade, according to those principles which govern the construction of statutes, implies, unequivocally, an authority to licensed vessels to carry on the ..... the statute have remained unchanged since the "mackerel fishery" was added by the act of may 24, 1828, c. ..... to fisheries license, act ..... fishery" category); act ..... acting to reverse a circuit court of appeals decision, the pueblos, 77 f.2d 618 (ca2 1935), congress authorized issuance of licenses for the "coasting trade and mackerel fishery .....