Judgment Search Results Home > Cases Phrase: fisheries act 1897 Page 31 of about 59,989 results (0.127 seconds)

Adirondack Ry. Co. Vs. New York State

Court : US Supreme Court

..... and to take that strip by the exercise of the power of eminent domain, and that the condemnation features of the act of 1897, as construed by the court of appeals, are void because impairing the obligation of the contract; that the condemnation features of the act as construed to confer authority on the state to acquire, by the proceedings in question, title to the six-rod ..... state which the state is obliged to pay for when it needs the land covered by that route for a great public use, and its officers are by appropriate legislation authorized to act, this court accepts the views of that court, and thinks that the proceedings on the part of the state which are complained of in this case impaired the obligation of no ..... ) "in 1895, the legislation relating to the forest preserve and the adirondack park was extended by the fisheries, game, and forest law, and it was declared by section 290 that" "such park shall be forever reserved, maintained ..... purchase or otherwise, land, structures, or waters, or such portion thereof in the territory embraced in the adirondack park, as defined and limited by the fisheries, game, and forest law, as it may deem advisable for the interests of the state. ..... of said act provides that" "the forest preserve board may enter on and take possession of any land, structures, and waters in the territory embraced in the adirondack park, the appropriation of which in its judgment shall be necessary for the purposes specified in section 290 of the fisheries, game, .....

Babulal Agarwalla Vs. Province of Orissa and ors.

Court : Orissa

Reported in : AIR1954Ori225

..... 'the expression 'good faith' used in this section should be construed in the light of the definition given in section 3(20), general clauses act, 1897 which us as follows :'a thing shall be deemed to be done in good faith where it is in fact done honestly whether it is done negligently ..... any benefit from them.the ratio of the decision, therefore, seems to be that where the servants of the government commit trespass on the property of an individual for the purposes of the government or while acting under the sanction of any municipal law or when the state derives any benefit from their action or subsequently ratifies the same the government may be liable. ..... there the facts found were that certain troops occupied the fisheries of a party and damaged the fish that had been reared in the fish nurseries constructed thereon.the learned judges of the assam high court, after a full discussion of the law regarding the liability of the state for the tortious acts of its servants, held that the occupation of the fisheries by the troops was for the purpose of efficient ..... during the year 1943 the second world war was going on with great intensity and the provisions of the defence of india act, the defence of india rules and the various control orders in respect of essential commodities were applied with full rigour in all the states of the territory formerly known ..... should therefore have requisitioned the fisheries under rule 75a of the defence of india rules and paid compensation to the owner .....

Ballabhdas Agarwala Vs. J.C. Chakravarty

Court : Supreme Court of India

Reported in : AIR1960SC576; 1960CriLJ752; [1960]2SCR739

..... municipality of howrah or against any rule or by-law made thereunder which, under any enactment for the time being in force, may lawfully be compounded; (c) admit, compromise or withdraw any claim made under the calcutta municipal act, 1923, as in force in the municipality of howrah or under any rule or by-law made thereunder; and (d) obtain such legal advice and assistance as they may from time to time think it necessary or expedient to obtain, ..... of howrah or against any rule or bye-law made thereunder which, under any enactment for the time being in force, may lawfully be compounded; (c)admit, compromise or withdraw any claim made under the calcutta municipal act, 1923, as in force in the municipality of howrah or under any rule or bye-law made thereunder; and (d) obtain such legal advice and assistance as they may from time to time think it necessary or expedient ..... this was a case under the sea fisheries act, 1883 (46 and 47 vict. ..... that the effect of the above words was that no one except a sea-fishery officer could prosecute for an offence against the act and a rule calling upon the justices to hear and determine a summons for an offence against the act taken out by a private individual, was discharged. ..... ordinary sense of " adulteration " connotes the mixing of deleterious or other substance with the main basic article; but the definition in the act has been widened to include even those articles where the contents do not include the basic substance either wholly 'or partly. .....

Sailendra Nath Sinha and anr. Vs. Jasoda Dulal Adhikari and anr.

Court : Supreme Court of India

Reported in : AIR1959SC51; [1958]28CompCas609(SC); 1959CriLJ242; [1959]1SCR1263

..... a case under the sea fisheries act which created certain offences and by section 11 provided : 'the provisions of this act......... ..... in the court of the presidency magistrate a complaint against the appellant under sections 120b, 406, 467, 477a, indian penal code and 182a of the indian companies act, and stated that he was doing so under the authority of the official liquidator and the official liquidator had obtained the directions of the high court to file the ..... the following passage from buckley's company law under the commentary under section 334 of the english companies act, 1948, which corresponds to section 237 of the indian companies act was then referred to : 'proceedings will accordingly be taken by the director of public prosecution (or lord advocate) or not ..... after referring to the history of section 237, he held that under that section the company judge can act ex parte and it was not necessary for him to hear a director or an officer of the company complained against and that direction given under that section was not a condition precedent to a prosecution by the official ..... on august 5, 1953, the official liquidator took our misfeasance proceedings under section 235 of the companies act and the appellants then applied to the high court for quashing the criminal proceedings already started on the ground of commencement of ..... by that section and it was held that the effect of the words was that no one except the sea-fishery officer could prosecute an offence under the act. .....

M. Azath S. Salley Vs. Colombo Municipal Council and Others

Court : Sri Lanka Supreme Court

..... ? an examination of the indian case law clearly indicates that a petition in terms of article 32 of the indian constitution can be filed only by a public spirited individual, who acts in a bona fide manner, without personal gain or profit or out of political motivation in cases, where there has been a breach of a public duty or breach of a constitutional provision causing injury to the general public ..... . that is established by padfield v minister of agriculture, fisheries and food, which is a land mark in modern administrative law. ..... . 175), referring to the land mark decision in padfield v minister of agriculture, fisheries and food ([1968] a.c ..... . no matter that the statutory body may have acted in good faith; nevertheless the decision will be set aside ..... behalf and on behalf of the 1st, 3rd and 5th respondents, the question which arises at this point is that, whether the suspension of the guidelines marked as p4 was lawful and whether the 1st to 5th respondents had acted in contravention to the doctrine of public trust ..... . and it must act reasonably ..... . it must act in good faith ..... . where an act is arbitrary, it is implicit in it that it is unequal both according to political logic and constitutional law and is therefore violative of article 14 . . . . .....

Commissioner of Income Tax Vs. Engineering Innovation Ltd.

Court : Himachal Pradesh

Reported in : (2008)218CTR(HP)596,[2009]178TAXMAN237(NULL)

..... (iv) in respect of any expenditure of a capital nature on scientific research related to the business carried on by the assessee, such deduction as may be admissible under the provisions of sub-section (2):section 35(3) of the act which also reads as under:(3) if any question arises under this section as to whether, and if so, to what extent, any activity constitutes or constituted, or any asset is or was being used for, scientific research, the board shall ..... refer the question to the prescribed authority, whose decision shall be final.relevant portion of section 43(4) of the act, reads as follows:(4)(i) 'scientific research' means any activities for the extension of knowledge in the fields of natural or applied science including agriculture, animal husbandry ..... to appreciate the rival contentions of the parties, it would be appropriate to quote section 35(1)(i) and (iv) of the it act (for short : the act) which reads as under:35(1) in respect of expenditure on scientific research, the following deductions shall be allowed-(i) any expenditure (not being in the nature of capital expenditure) laid out or expended on scientific research related to the business.(ii) ..... sub-clause (i), scientific research has been defined to mean any activity for the extension of knowledge in the fields of natural or applied science including agriculture, animal husbandry or fisheries. .....

Thompson Vs. Consolidated Gas Utilities Corp.

Court : US Supreme Court

..... those benefits result incidentally from the enactment of other provisions of the act, the constitutionality of which is not questioned, and which seem clearly separable from the sections here challenged. ..... [ footnote 1 ] the complaints' original bills challenged earlier orders issued by the railroad commission under the act here in question, notably the orders of august 28, and september 25, 1935. ..... [ footnote 25 ] on the other hand, we are clearly of opinion that, if the act were construed as the defendants contend it should be, and as the commission has applied it, it would violate the federal constitution. ..... commission of fisheries, 257 u. s. ..... 411 ; booth fisheries co. v. ..... [ footnote 29 ] the purpose of this order is the same as that which the legislature sought to achieve by the "common purchaser act," of august 12, 1931, held unconstitutional in texoma natural gas co. v. ..... it was again amended by chapter 100 of the acts of 1933, called the "sour gas law," forty-third legislature, regular session, p ..... 6049a), known as the common purchaser act, was construed and applied by the railroad commission as requiring private pipeline companies engaged theretofore only in producing and transporting gas from their own leases to purchase without discrimination, under regulations of the commission, quantities of ..... " the defendants contend that the act likewise requires restriction of production regardless of the existence of waste, for the adjustment of rights of owners in a common reservoir of gas .....

Nagji Vallabhaji and Co. Vs. Meghji Vijpar and Co. and ors.

Court : Mumbai

Reported in : 1987(1)BomCR547; (1986)88BOMLR633

..... hence, the plaintiff was entitled to possession of the suit premises from the defendant.the defendant, inter alia, contended that he was protected by the provisions of the bombay rent act and hence---(a) that no decree for eviction against him could be passed by the city civil court; and(b) that he was entitled to the protection under the rent ..... to my mind, the notice dated 3rd february, 1972 was a valid notice terminating the defendant's tenancy and since the provision of the rent act do not apply, the plaintiff's suit has no defence and the decree for possession passed against him by the city civil court must stand.the appeal, therefore, ..... urged on behalf of the defendant in this appeal was as to whether the suit premises were governed by the bombay rent act and whether the defendant was entitled to protection under the bombay rent act or not.by a very elaborate judgment delivered by the learned single judge, the question was decided against the present defendant. ..... the further point, which is completely lost sight of by the learned judge is that by virtue of the provisions of section 116 of the evidence act, such a tenant is estoppel from denying the title of his 'landlord' at the commencement of the tenancy even though, empirically and objectively speaking, his landlord is none other than a ..... ' (b) the above malabar fisheries' case is the case of the partner bringing his assets into the firm at the time ..... is the judgement of the supreme court in the case of malabar fisheries co. v. .....

Baljeet Singh Vs. Management of State Farms Management of India Ltd.

Court : Delhi

Reported in : (2009)ILLJ63Del

..... point out that though the management had not taken specific plea in the written statement to the effect that the management was not an 'industry' under the provisions of section 2(j) of the industrial disputes act, this objection was taken for the first time during the course of the arguments and because of this reason the learned tribunal refused to entertain the said objection while rendering its award dated ..... this as termination from service and raised industrial dispute questioning the purported termination on the ground that it was violative of section 25-f of the industrial disputes act, 1947 inasmuch as he was not paid retrenchment compensation as well as notice pay while terminating his services, as the same was a pre-condition thereof. ..... the counter-affidavit it has been stated thus:the central institute of fisheries, nautical and engineering training, is not engaged in research in deep sea ..... the tribunal also held that the termination would not be covered by exception contained in clause (bb) of section 2(oo) of the industrial disputes act in view of judgment of punjab and haryana high court reported in 1996 llr 259 and that of madras high court reported in 1992 ..... on this basis it was opined by the industrial tribunal that benefit of the provisions of section 25-f of the industrial tribunal act was available to the appellant and as the management did not adhere to the said provisions while terminating the services of the workman, the ..... institute of fisheries and anr. .....

Myers Vs. United States

Court : US Supreme Court

..... the history of the construction of the constitution of the united states, and is of supreme authority, first, in respect of the power and duty of the supreme court and other courts to consider and pass upon the validity of acts of congress enacted in violation of the limitations of the constitution, when properly brought before them in cases in which the rights of the litigating parties require such consideration and decision, and, second, in respect of the lack of ..... as superior, appointed by him with the consent of the senate; that this construction was acquiesced in by all branches of the government for 73 years, and that subsequent attempts of congress, through the tenure of office act of march 2, 1867, and other acts of that period, to reverse the construction of 1789 by subjecting the president's power to remove executive officers appointed by him and confirmed by the senate to the control of the senate or lodge such power elsewhere ..... , 594, commissioner of fish and fisheries; act of may 27, 1908, c ..... of this court cannot be said to constitute assent to a departure from the legislative decision of 1789, when the parsons and shurtleff cases, one decided in 1897 and the other in 1903, are considered; for they certainly leave the question open. ..... 119, light house board; act of june 4, 1897, c ..... california debris commission; act of june 4, 1897, c ..... river commission; act of june 4, 1897, c. ..... 808 101 1897-1899 (mckinley) . . ..... 1080 118 9 1893-1897 (cleveland). . ..... united states (1897), 167 u. .....