Court : Supreme Court of India
Reported in : AIR1997SC811; 1997(1)Crimes189(SC); JT1997(1)SC160; 1997(5)SCALE406; (1997)2SCC87; [1996]Supp9SCR848
ORDERKuldip Singh, J.1. Shrimp (Prawn) Culture Industry is taking roots in India. Since long the fishermen in India have been following the traditional rice/shrimp rotating acqua culture system. Rice is grown during part of the year and shrimp and other fish species are cultured during the rest of the year. However, during the last decade the traditional system which, apart from producing rice, produced 140 kgs. of shrimp per hectare of land began to give way to more intensive methods of shrimp culture which could produce thousands of kilograms per hectare. A large number of private companies and multi-national corporations have started investing in shrimp farms. In the last few years more than eighty thousand hectares of land have been converted to shrimp farming. India's Marine export weighed in at 70,000 tonnes in 1993 and these exports are projected to reach 200 thousand tonnes by the year 2000. The shrimp farming advocates regard aquaculture as potential savior of developing count...
Tag this Judgment!Court : Karnataka
P.D. Dinakaran, C.J.1. The silent beauty and salient features of the nature and environment are described by our Great National Poet, Sri Rabindranath Tagore in 'GITANJALI', Poem 45, as hereunder:Have you not heard his silent steps?He comes, comes, ever comes.'Every moment and every age, every day and every nightHe comes, comes, ever comes.Many a song have I sung in many a mood of mind,'But all their notes have always proclaimed,'He comes, comes, ever comes'In the fragrant days of sunny April through theForest path be comes, comes, ever comes.In the rainy gloom of July mights on the thunderingChariot of clouds be comes, comes, ever comes.In sorrow after sorrow it is his steps that press uponMy heart, and it is the golden touch of his feet that makes my joy to shine.Sri Rabindranath Tagore2. This Public Interest Litigtion, unlike other usual adversarial litigation, initiated by this Court, suo motu, based on the press reports as to the mysterious death of elephants in Mysore forest area...
Tag this Judgment!Court : Karnataka
Reported in : 2012(2)KCCR1341; 2012(4)KLT33(SN)(C.No.31)
(Prayer: These appeals have been filed u/s. 4 of the Karnataka High Court Act praying to set aside the order passed in the Writ Petition No. 26938/2010 (GM-RES) dated 01.09.2010.) 1. This reference under section 7 of the Karnataka High court Act 1961 has been received in these circumstances. A learned Single Judge following Sri Krishna Fisherman Co-operative Society Limited – Vs- State of Karnataka, represented by its Secretary, Department of Animal Husbandary and Fisheries [ILR 2009 KAR 189] had on 01.09.2010 issued a mandamus to the effect that fishing rights in the state shall be by tender/ public auction with reference to the Government Order dated 26.02.2006 and not by private negotiations. Writ Appeal No. 3829/2010 preferred by the State of Karnataka, was admitted on 02.12.2010. In the interregnum, Writ Appeal No. 2/2011 came to be filed by Shri Mahatma Gandhi Kere Balakedarara Sangha (R) also assailing the very same order of the learned single Judge dated 01.09.2010; and i...
Tag this Judgment!Court : US Supreme Court
Trop v. Dulles - 356 U.S. 86 (1958) U.S. Supreme Court Trop v. Dulles, 356 U.S. 86 (1958) Trop v. Dulles No. 70 Argued May 2, 1957 Restored to the calendar for reargument June 24, 1957 Reargued October 28-29, 1957 Decided March 31, 1958 356 U.S. 86 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus At least as applied in this case to a native-born citizen of the United States who did not voluntarily relinquish or abandon his citizenship or become involved in any way with a foreign nation, 401(g) of the Nationality Act of 1940, as amended, which provides that a citizen "shall lose his nationality" by "deserting the military or naval forces of the United States in time of war, provided he is convicted thereof by court martial and as a result of such conviction is dismissed or dishonorably discharged from the service," is unconstitutional. Pp. 356 U. S. 87 -114. 239 F.2d 527, reversed. THE CHIEF JUSTICE, in an Opinion joined by MR. JUSTIC...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC149; 1981Supp(1)SCC87; [1982]2SCR365
P.N. Bhagwati, J.1. These writ petitions filed in different High Courts and transferred to this Court under Article 139 of the Constitution raise issues of great constitutional importance affecting the independence of the judiciary and they have been argued at great length before us. The arguments have occupied as many as thirty five days and they have ranged over a large number of issues comprising every imaginable aspect of the judicial institution, Voluminous written submissions have been filed before us which reflect the enormous industry and vast erudition of the learned Counsel appearing for the parties and a large number of authorities, Indian as well as foreign, have been brought to our attention. We must acknowledge with gratitude our indebtedness to the learned Counsel for the great assistance they have rendered to us in the delicate and difficult task of adjudicating upon highly sensitive issues arising in these writ petitions. We find, and this is not unusual in cases of th...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1989SC2138; (1989)2CompLJ95(SC); JT1989(2)SC338; 1989(1)SCALE1353; 1990Supp(1)SCC440; [1989]3SCR43
Sabyasachi Mukharji, J.1. In these transferred writ petitions and one suit, we are concerned with the powers, functions and the role of the Controller of Capital Issues. By an order dated 9th September, 1988 this Court had directed that the four writ petitions and one civil suit i.e., W.P. No. 1791/88 pending before the Delhi High Court, W.P. No. 2708/88 pending before the Jaipur Bench of the Rajasthan High Court, W.P. No. 12176/88 pending before the Karnataka High Court, W.P. No. 4388/88 pending before the High Court of Bombay and Civil Suit No. 1172/88 pending before the Civil Judge, Junior Division Bench, Baroda, Gujarat, be transferred to this Court for disposal. It would be appropriate to deal with the facts of one of these, i.e., W.P. No. 1791/ 88, which was filed in Delhi High Court in T.C. No. 161/88. The other writ petitions and the suit raise more or less identical problems and issues on more or less same facts. 2. The petitioner in that writ petition is one Narendra' Kumar M...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC2005; JT1993(3)SC82; 1993(2)SCALE593; 1993Supp(4)SCC136; [1993]3SCR199
ORDERS. Mohan, J.1. Leave granted.2. These civil appeals are directed against the judgment of the Division Bench of Andhra Pradesh High Court reported in Southern Steel Ltd. v. A.P. State Electricity Board, Hyderabad MR 1990 AP 58. The facts briefly are as under:3. The Andhra Pradesh Stale Electricity Board is constituted under Section 5 of the Electricity Supply Act, 1948 (hereinafter referred to as the Act). The said Board is engaged in generation, distribution and supply of electricity in the State of Andhra Pradesh. Electric energy is supplied for industrial, commercial, agricultural and domestic purposes. To such of these industries, using energy about a particular level, it is supplied at a higher voltage. They are classified as high tension consumers (H.T. consumers). All the appellants herein belong to that category.4. Section 49 of the Act empowers the Board to notify the tens and conditions upon which it will supply electricity to a person. It is also empowered to frame unifo...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IIIAD(SC)641; JT1996(4)SC263; 1996(3)SCALE579; (1996)5SCC281; [1996]Supp1SCR507
ORDER1. Concern for the protection of ecology and for preventing irreversible ecological damage of the coastal areas of the country has led to the filing of the present petition under Article 32 of the Constitution of India as a public interest litigation.2. The main grievance in this petition is that a Notification dated 19.2.1991 declaring coastal stretches as Coastal Regulation Zones (hereinafter referred to as 'the Regulation Zones which regulates the activities in the said zones has not been implemented or enforced. This has led to continued degradation of ecology in the said coastalareas. There is also a challenge to the validity of the Notification dated 18.8.1994 whereby the first Notification dated 19.2.1991 has been amended, resulting in further relaxations of the provisions of 1991 Notification and such relation, it is alleged, will help in defeating the intent of the main Notification itself.3, he petitioner is a registered voluntary organisation working for the case of env...
Tag this Judgment!Court : Kolkata
Reported in : (1996)2CALLT183(HC),100CWN900
Satyabrata Sinha, J.1. These Appeals principally raising the question of constitutionality of West Bengal Land beforms (Amendment) Act, 1981 (hereinafter referred to as 1991 Amendment Act) and West Bengal Land beforms (Amendment) Act, 1986 (hereinafter referred to as the 1986 Amendment) Act were heard together and are being disposed of by this common judgment.2. In the main matter namely Appeal from Order No. 400/92 arising out of Matter No. 1367/87 (Paschimbanga Bhumijibi Krishak Samiti and Ors. v. State of West Bengal and Ors.) two applications for amendment have been filed questioning the Constitutional First Amendment Act, 1951 in so far as it purported to insert Article 31B; Sections 6,7,8 and 2 of the Constitution (44th) Amendment Act, 1978 the Constitution (66th) Amendment Act, 1991 in so far as 9th Schedule of the Constitution was amended by inserting West Bengal Act No. 1980 Item No. 251 therein and the Constitution (78th) Amendment Act, 1995 in so far as the West Bengal Land ...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IXAD(SC)165; JT1996(10)SC837; 1996(8)SCALE595; (1996)11SCC39; [1996]Supp9SCR356; [1997]104STC148(SC)
B.P. Jeevan Reddy, J.1. Leave granted.2. The State of Jammu & Kashmir seeks to encourage and promote the industrialisation of the State - like every other State in the country. Edible oil industry is one such. Because of certain inherent problems, the cost of production of edible oil in Jammu & Kashmir is said to be higher than the cost of production of similar edible oil in the adjoining States with the result that the manufacturers of edible oil in the adjoining States are able to sell their products in Jammu & Kashmir at a price lower than the price at which the local manufacturers are able to sell. This is said to have created a situation where the local industries faced the prospect of closure; at any rate, they were not able to compete with the out-State manufacturers. They approached their government, which is seeking to protect their interest by inter alia exempting them totally from the levy of sales tax on the sale of their products. That has given rise to the writ petition f...
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