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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 .....

Kothota Marine Fishermen Co-operative Society Vs. Director of Fisherie ...

Court : Andhra Pradesh

Reported in : 2006(4)ALD66; 2006(4)ALT715

..... government pleader for fisheries department appearing for respondents 1 to 4, who supports the case of the petitioner, submits that as per the rules framed under indian fisheries act, 1897 (fisheries act, for brevity) all the fishing rights in irrigation channels and irrigation drains are controlled by the assistant inspector of fisheries designated as fisheries officer and assistant director of fisheries. ..... the indian fisheries act 1897 continues to be in force after the constitution ..... the learned single judge in ipur gram panchayat (supra) did not even refer to the indian fisheries act, it must be held as not binding precedent being a precedent sub silentio (see a-one ..... agriculture (fish.ii) department, dated 31-12-1990, it is necessary to refer the fisheries act and the rules made thereunder by the state government. ..... a reference to the provisions of panchayat raj act, fisheries act, the rules made thereunder and the policy guidelines in ..... in exercise of the powers under section 6 of the fisheries act, the state government promulgated rules to regulate and control fishing in new ..... the writ petition is disposed of and a direction shall issue to respondents 1 to 4 to implement the fisheries act and fisheries rules framed in g.o. ms. no. ..... that section 80 of the act does not confer any power on the gram panchayat to lease out the fishing rights to an individual or to any society if such water body is included in schedule i of the rules framed under fisheries act as already noticed. .....

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. .....

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. .....

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. .....

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 .....

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. .....

S. Jagannath Vs. Union of India and Others

Court : Supreme Court of India

Reported in : AIR1997SC811; 1997(1)Crimes189(SC); JT1997(1)SC160; 1997(5)SCALE406; (1997)2SCC87; [1996]Supp9SCR848

..... are other legislations like fisheries act, 1897, wild life protection act, 1972 and forest conservation act, 1980 which contain ..... gaseous or solid substance which is discharged from any premises used for carrying on any [industry operation or process, or treatment and disposal system], other than domestic sewage.section 25 of the water act provides that no person shall, without the previous consent of the state board establish any industry, operation or process, or any treatment and disposal system which is likely to discharge sewage or trade ..... handled any hazardous substance except in accordance with such procedure and after complying with such safeguards as may be prescribed.section 15 of the act makes contravention of the provisions of the said act punishable with imprisonment for a term which may extend to five years or with fine which may extend to one lakh rupees or with ..... mehta has taken us through the notification dated february 19, 1991 issued by the government of india under section 3 of the environment (protection) act, 1986 (the act)(crz notification) and has vehemently contended that setting up of shrimp farms on the coastal stretches of seas, bays, estuaries, creeks, rivers and backwaters upto ..... as under:participation in international conferences, assessment and other bodies and implementing of decisions made there at.the preamble to the act clearly states that it was enacted to implement the decisions taken at the united nations conference on the human environment held .....

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. .....

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. .....