Court : Delhi
Reported in : AIR1985Delhi400; [1986]59CompCas750(Delhi)
..... with a view to regulate the fishing, in the maritime zones of india by foreign vessels, the parliament enacted 'the maritime zones of india' (regulation of fishing by foreign vessels) act, 1981 (hereinafter referred to as 'the said act'). ..... section 4 of the maritime act provides for grant of licenses to the owners of the foreign vessels by the central government 'to do fishing in the deep sea waters ..... according to this act, prohibition has been imposed on fishing in the territorial waters and in the waters included in the exclusive economic zones of india by foreign vessels except under .licenses on permits issued by the central goverament ..... section 5 of the said act provides for the grant of permission to indian citizens for using foreign-vessels for fishing in the exclusive economic zone or the territorial waters of india subject to the conditions prescribed ..... it is admitted by the respondents that no formal show cause notice was issued prior to the passing of the order dated 24th march, 1984 under rule 8-c and section 6 of the act cancelling the permit of the petitioner. ..... (3) under section 25 of the said act the central government has been authorised to frame rules to carry out the purposes of the same generally as also specifically on the terms 'and condition on which a license or a permit may be granted ..... this not having been done, the impugned order has been passed in violation of the principles of natural justice and also contravenes the provisions of section 6(2) of the said act. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1996SC2682; 1996(2)ALD(Cri)523; [1998]91CompCas63(SC); 1996CriLJ3981; JT1996(7)SC528; 1996(5)SCALE520; (1996)5SCC382; [1996]Supp4SCR233
..... in the month of july 1984, coast guard ship 'vikram' intercepted and seized a number of foreign vessels (trawlers), which were operating on permits granted under section 5 of the maritime zones of india (regulation of fishing by foreign vessels) act, 1981 ('act for short) to fish in the maritime zones of india, on the allegation that they were fishing in a depth of less than 40 fathoms of water in contravention of the terms and conditions of the permits. ..... proved that strict instructions had been given by the charterer to the master of the vessel not to commit any breach the former would be absolved of the liability for such breach, is to be accepted then, under no circumstances can a charterer be successfully prosecuted even if a case of flagrant violation of the terms and conditions of the permit like those of clause 8(1)(d), which expressly says that the charterer shall not fish within the prohibited zone and depth, is conclusively made out. 8 ..... rule 8(1)(d), with which we are mainly concerned in these appeals, prohibits the charterer from fishing within a depth of 40 fathoms in the maritime zone of india. ..... he contended that when the vessels were on high sea it was impossible for the charterers to control their movements and, therefore, if the masters of the ships violated their express command not to fish in the prohibited depth, only the owners of the ships would be liable for the contravention and not the appellants, as charterers. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1988SC603; (1988)90BOMLR56; 1988CriLJ855; 1988(1)Crimes524(SC); JT1988(1)SC202; 1988(1)SCALE69; (1988)1SCC507; [1988]2SCR641
..... in the statement of objects and reasons of the maritime zones of india (regulation of fishing by foreign vessels) act, 1981 it is stated:there has been an increase in poaching activities of foreign fishing vessels in our exclusive economic zone. ..... thus section 3 prohibits the use of foreign vessels for fishing within any maritime zone of india without licence or permit granted by the central government and also in accordance with the terms mentioned in the licence or permit. ..... the heading of section 3 is 'prohibiting of fishing in maritime zones of india by foreign vessels'. ..... section 5 prohibits fishing by indian citizens using foreign vessels within any maritime zone of india without obtaining permit and the procedure for grant of permit to charterer has been specified therein.19. ..... section 5 under the caption 'prohibition of fishing by indian citizens using foreign vessels clearly enjoins in sub-section 6 that a person holding permit shall ensure that every person employed by him complies, in the course of such employment with the provisions of the act or any rule or order made thereunder and the conditions of such permit. ..... section 3 under the heading 'prohibition of fishing in maritime zone of india by foreign vessels' expressly prohibits foreign vessels from fishing in maritime zone of india except under and in accordance with a licence or permit granted by central government and breach of the same has been made punishable under section 10 of the said act. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009(5)ALT1(SC); JT2009(9)SC229; (2009)IVLLJ57SC; 2009(9)SCALE99; (2009)8SCC431; 2009(7)LC3037(SC):669458
..... baijal : 1988crilj855 , the court referred to the object sought to be achieved by enacting maritime zones of india (regulation of fishing by foreign vessels) act, 1981 i.e. ..... unfortunately, that did not happen because, in spite of the prohibition contained in section 7 against regularisation of the existing daily wage employees and persons appointed on temporary basis, the state government wilted under the pressure exerted by the vested interests and issued g.o. ..... of irregular appointments and also ensure that appointments are made against the sanctioned posts only from among the candidates selected by the designated recruiting agencies but also to harmonize the same with the prohibition contained in section 7 against regularisation of daily wage and temporary employees. ..... in the teeth of the prohibition contained in section 7 against such regularisation does not lay down that there will be wholesale regularisation of daily wagers, casual employees, work charge employees, etc. ..... section 7 contains a prohibition against regularization of persons appointed on daily wages or on temporary basis. ..... by section 3(1), total prohibition came to be imposed on the appointment of any person in any public service to any post, in any class, category or grade as a daily wage employee. .....
Tag this Judgment!Court : Delhi
Reported in : 2004IAD(Delhi)563; 2003(70)DRJ710
..... which the said fdr came to be deposited with the respondent no.1 and how the latter claims to exercise lien over the same are as follows:2.1 in exercise of the powers conferred by section 25 of the maritime zones of india (regulation of fishing by foreign vessels) act, 1981 (hereinafter referred to as 'the said act'), the central government made the maritime zones of india (regulation of fishing by foreign vessels) rules, 1982 (hereinafter referred to as 'the said rules'). ..... provides that every indian citizen and person who intends to use any foreign vessel for fishing within any maritime zone of india shall make an application to the central government for a permit. ..... 2.3 the petitioner intended to use foreign vessels for fishing within maritime zones of india and, accordingly, it made an application to ..... in the form of bank guarantee, before the commencement of the charter, of an amount to be decided by the central government in each case, to the central government that he shall purchase the required number of vessels and put them in fishing operation in the exclusive economic zone of india before the end of the period stipulated in schedule ii to the said rules. ..... of the said fdr and, of course, the release of the lien thereon.4.5 now, the said fdr was handed over to the respondent no.1 by the petitioner as security for performance of its undertaking to acquire fishing vessels in place of the four foreign vessels chartered by it under the permit granted by the respondent no.1. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC3983; 104(2003)DLT779(SC); JT2003(4)SC549; 2003(4)SCALE581; (2003)5SCC437
..... applied for and were granted permits under the provisions of the maritime zones of india (regulation of fishing by foreign vessels) act, 1981 (in short 'the act') and the maritime zones of india (regulation of fishing by foreign vessels) rules, 1982 (in short 'the rules'). ..... it was pointed out that fishing in indian exclusive zone by foreign vessels is governed and regulated by the act and the rules thereunder while fishing by indian vessels in the said zone is governed by executive orders ..... the applicants was that in each case permit was valid for a period of 15 years from the date of issue, since they were granted in accordance with the government of india's policy relating to fishing of deep sea resources in india exclusive economic zone by leased foreign deep sea fishing vessels, and were operative for a period of 15 years. ..... permit authorized the applicants respondents to obtain on lease and operate foreign deep sea fishing vessels in terms of the act and the rules. ..... the said exim policy in the year 2000-2001 allowed import of deep sea fishing vessels by surrendering special import licence which had been done in the case of the concerned vessels and, therefore, the licences on those cases have no relevance so far as the present appeals ..... made to the recommendations made by the murari committee which specifically prohibit renewal, extension of existing licence and put prohibition on issuance of permits in future for fishing to joint venture/charter/lease/test fish vessels. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC1796; 2004(3)ALD20(SC); 2004(4)ALT42(SC); JT2004(2)SC236; 2004(2)SCALE77; (2004)2SCC794; [2004]135STC258(SC)
..... cuttlefish, shellfish, jellyfish.section 2(b) of the maritime zones of india (regulation of fishing by foreign vessels) act, 1981 also defines fish, which is as under :'2(b) 'fish' means any aquatic animal, whether piscine or not, and includes shell fish, crustacean, molluses, turtle (chelonia), aquatic mammal (the young, fry, eggs and spawn thereof), holothurians, coelenterates, sea weed, coral (porifera) and any other aquatic life. ..... prawn is included in the definition of fish as given in the maritime zones of india (regulation of fishing by foreign vessels) act and has all the essential attributes of an animal, viz. ..... , livestock or products of livestock' means agricultural produce, livestock or products of livestock specified in the notification under section 3;(xv) 'products of livestock' means such products of livestock as may be declared by the government by notification, to be products of livestock for the purposes of this act.sub-section (1) of section 3 provides that the government may publish in such manner, as may be prescribed, a draft notification declaring their intention of regulating the purchase and sale of such agricultural produce, livestock or products of livestock in such area as may be specified .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(6)ALD309
..... the respondents applied for and were granted permits under the provisions of the maritime zones of india (regulation of fishing by foreign vessels) act, 1981 in short 'the act' and the maritime zones of india (regulation of fishing by foreign vessels) rules, 1982 (in short 'the rules'). ..... raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the state shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.unamended rule 27 of the shop rules (as provided by the learned counsel for the petitioners along with ..... of the constitution, namely, raising the level of nutrition and the standard of living of the people and the improvement of public health, the government of andhra pradesh had imposed total prohibition on the sale and consumption of liquor in the state, which remained in force till october 2, 1969, but, thereafter, in the garb of earning revenue, the government allowed sale and consumption of liquor. ..... to rule 6 of andhra pradesh excise (grant of licence of selling by bar and conditions of licence) rules, 2005 (for short, 'the bar rules') to show that there is no prohibition on the running of bar within 100 meters of the places for public worship, educational institutions and hospitals in the municipal corporation areas and pleaded that if liquor can be sold and consumed in .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(4)ALT431:AIR2009NOC2482(A.P)(F.B).
..... included in the definition of fish as given in the maritime zones of india (regulation of fishing by foreign vessels) act and has all the essential ..... impose a fee and to collect the fee in respect of items which have been deleted, the same is bad inasmuch as it undoes the certainty with which citizens had acted upon issuance of notification under section 39 of the act deleting items from the schedule.section 4-a(2) is also bad inasmuch as the legislature has provided an opportunity for hearing at the stage of deletion of the items from the schedule and not at the stage of ..... andhra pradesh, agriculture and co-operation maktg-i department hyderabad (referred (8) supra) at para-14 held:now reverting to the arguments of the learned counsel for the petitioners that the 'products of livestock' as defined in clause (xv) of section 2 of the act means such products of livestock as may be declared by the government by notification to be products of livestock, which could only be products of living animals, but cannot be the products of dead animals and as obviously 'raw hides', ..... purchase of the bamboos at the forest depots is not a transaction in the market proper or market yard and hence it is not prohibited by the act, the high court has failed to notice the relevant provisions of section 6(b) of the act to which a reference has already been made earlier. ..... india : (1981) 2 scr 533, 591 : air 1981 ..... 1982) 1 scr 519 : air 1981 sc 1863 and municipal corporation of ..... kerala : (1981) 4 scc 391 ..... 1981 .....
Tag this Judgment!Court : Mumbai
Reported in : 1990(3)BomCR50; 1990CriLJ685
..... 13 of the maritime zones of india (regulation of fishing by foreign vessels) act, 1981 for short m.z.i. ..... judge, kolhapur, who, on hearing the parties made a reference to the high court that what was decided by the learned magistrate was not a good law more particularly in view of the amended sections 4 and 5 of the bombay prevention of gambling act, which, according to the learned additional sessions judge, made it obligatory upon the court to pass sentence imprisonment even in cases where an accused committed an offence for the first time, the imposition of fine ..... according to him a deterrent punishment has been deliberately provided with a view to curb the gambling activities and, therefore, the expression 'and also' has been used in sections 3 and 4 of the act so that whosoever is found to have contravened the provisions of sections 3 and 4 is bound to be sentenced to substantive imprisonment and also to pay a fine and this is also necessary, according to him, to curb the menace.14. ..... act provides that when any person is convicted for an offence under sections 10, 11 or 12 thereof the fishing vessel used in connection with the commission of the said offences shall also be liable to confiscation. ..... the appeal taken by the petitioners before the sessions court was dismissed as the learned sessions judge took the same view that section 3 of the act leaves no scope for discretion and that on conviction the accused shall have to be sentenced to imprisonment and also to a fine. .....
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