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Judgment Search Results Home > Cases Phrase: maritime zones of india regulation of fishing by foreign vessels act 1981 section 3 prohibition of fishing in maritime zones of india by foreign vessels Page 4 of about 37 results (0.220 seconds)

Apr 17 1991 (FN)

Carnival Cruise Lines, Inc. Vs. Shute

Court : US Supreme Court

..... 183b(a): "it shall be unlawful for the manager, agent, master, or owner of any sea-going vessel (other than tugs, barges, fishing vessels and their tenders) transporting passengers or merchandise or property from or between ports of the united states and foreign ports to provide by rule, contract, regulation, or otherwise a shorter period for giving notice of, or filing claims for loss of life or bodily injury, than six months, and for the institution of suits on such claims, than one year ..... subject of the statute concerned the limitation of shipowner liability, but, as the following excerpt from the house report explains, the section that is relevant to this case was added as a direct response to shipowners' ticketing practices. ..... [ footnote 6 ] under these circumstances, the general prohibition against stipulations purporting "to lessen, weaken, or avoid" the passenger's right to a trial certainly should be construed to apply to the manifestly unreasonable stipulation in these passengers' page 499 ..... respondents contend that the clause violates the limitation of vessel owner's liability act, 46 u.s.c. ..... of maritime law ..... 642 f.2d 721, 724-25 (ca4 1981); indussa corp. v. s.s. ..... committed the cost of the cruise, i would remain persuaded that the clause was unenforceable under traditional principles of federal admiralty law, and is "null and void" under the terms of limited liability act, 49 stat. ..... of appeals, construing an analogous provision of the carriage of goods by sea act, 46 u.s.c. .....

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Dec 12 1997 (HC)

Swan Fisheries (Private) Ltd. and anr. Vs. State of West Bengal

Court : Kolkata

Reported in : 1998(60)ECC36

..... sections 13 and 14 of foreigners act, section 26 of indian forest act, section 6(1)(a) of indian telegraph act and sections 10, 11 and 12 of the maritime zone of india act (regulation of fishing by foreign vessels) act of 1981 hereinafter referred to as mzi act ..... advocate that in that case under the maritime zones of india act the charterer of a foreign vessel were found guilty for fishing at a depth of less than 40 fathoms of water in contravention of the terms and conditions ..... authority to engage in fishing in the exclusive economic zone of india as defined in section 5 of the territorial waters continental shelf, exclusive economic zone and other maritime zones act 1976. ..... sections deal with contravention of the provisions of section 3 of the mzi act by foreign vessels ..... contention that being armed with the authority given by the government of india and also having necessary clearance from the different authorities including coast guard, the trawlers were engaged in catching fish in the exclusive economic zones of india and having the requisite permission to export the catch. ..... act also defines the foreign vessels being vessel other than indian vessel ..... are concerned, there is no challenge so for that they are foreign vessels and these are not the subject matter of the present revisional ..... the indian forest act is concerned, the alleged offending section, namely, section 26 amongst others prohibits fishing , in contravention of rules made by the state government concerned in the forest zone. .....

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May 09 1980 (SC)

Bachan Singh Vs. State of Punjab

Court : Supreme Court of India

Reported in : (1982)3SCC24; [1983]1SCR145a

..... of death, the need for a modern approach, the severity of capital punishment and the strong feeling shown by certain sections of public opinion in stressing deeper questions of human values.having regard, however, to the conditions in india, to the variety of the social up-bringing of its inhabitants, to the disparity in the level of morality and ..... under the rsfsr criminal code :treason (article 64); espoinage (article 65); terrorism (if the offence includes the killing of an official (article 66); terrorism against representative of foreign state (if the offence includes the killing of such a representative 'for the purpose of provoking war or international complications') (article 67); sabotage (article 68); organizing the commission of ..... act was only to regulate certain conditions of service of working journalists and other, persons employed in the newspaper establishments and not to take away or abridge the freedom of speech or expression enjoyed by the petitioners and, therefore, the impugned act could not come within the prohibition ..... made, do not bear the peoples imprimatur, they may not have the same authenticity and efficacy as the silent zones and green belts designedly marked out and left open by parliament in its legislative planning for fair-play of judicial ..... the death sentence imposed on jeeta singh was confirmed by another bench and he was executed on 6th october 1981, though both had played equal part in the murder of the family and there was nothing to distinguish ..... vessels .....

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May 29 2012 (HC)

Massimilano Latorre, Holder of Italian Passport Number Aa 1465972, (Ch ...

Court : Kerala

..... act extends to the whole of india including the territorial waters, the continental shelf, the eez or any other maritime zone of india within the meaning of section 2 of the territorial waters act ..... by finding that the italian marines who had shot dead two indians on board the fishing boat, registered in india while fishing in cz/eez of india are liable to the penal jurisdiction before the indian courts; and that the 3rd respondent was right in registering a case and proceeding with the investigation, irrespective of the fact that they were on board a foreign vessel. ..... , off-shore terminals, installations and other structures and devices necessary for the exploration and exploitation of the resources of the zone or for the convenience of shipping or for any other purpose; (c) exclusive jurisdiction to authorise, regulate and control scientific research; (d) exclusive jurisdiction of preserve and protect the marine environment and to prevent and control marine pollution ..... section 3 of territorial waters act 1976 limits sovereignty of india up to the territorial waters, sub clause (7) of section 7 empowers the central government to issue notification regarding the application of indian law to the eez or to the part thereof; and in exercise of this power, the government of india had issued a notification dated 27/8/1981 published in the extraordinary gazette of india ..... runners', during the prohibition era (1919-1933) is also an example of exercise of jurisdiction over the contiguous zone. .....

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Sep 07 2012 (HC)

Reliance Industries Limited and Others Vs. State of U.P. and Others

Court : Allahabad

..... in the form of articles make it clear that psc is subject to the constitution of india, the oil fields act, 1948, the petroleum and natural gas rules, 1959, the territorial waters, the continental shelf and 81 exclusive economic zone and other maritime zones act, 1976 and also the gas utilization policy. ..... state, exempt from tax generally or is subject to tax generally at a rate which is lower than four per cent, or such reduced rate as may be notified by the central government, by notification in the official gazette, under sub-section (1) of section 8 (whether called a tax or fee or by any other name); and (b) the dealer effecting such subsequent sale proves to the satisfaction of the authority referred to in the preceding proviso that such sale is of the nature referred ..... a combined reading of sections 8 and 10 of article 1 reveals that the congress has been given power to impose duty and collect tax to regulate commerce with foreign nations but under sub-section 2 of section 10, in certain circumstances, state has been empowered ..... pursuance to the report of the law commission that benami transactions (prohibition of right to recover property) ordinance, 1988 was promulgated. ..... 1981(3) scc 457 south india viscose ..... compressible but equally it will expand to fill any vessel in which it is placed. ..... been reiterated by hon'ble supreme court in the cases reported in air 1957 sc 857 mobarik ali ahmad versus the state of bombay, (1980)2 scc 684 bachan singh versus state of punjab, 1981 suppl. .....

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May 04 1979 (SC)

Bachan Singh S/O Saudagar Singh Vs. State of Punjab

Court : Supreme Court of India

Reported in : (1982)3SCC24; 19831SCR145;

..... of death, the need for a modern approach, the severity of capital punishment and the strong feeling shown by certain sections of public opinion in stressing deeper questions of human values.having regard, however, to the conditions in india, to the variety of the social up-bringing of its inhabitants, to the disparity in the level of morality and ..... under the rsfsr criminal code :treason (article 64); espoinage (article 65); terrorism (if the offence includes the killing of an official (article 66); terrorism against representative of foreign state (if the offence includes the killing of such a representative "for the purpose of provoking war or international complications") (article 67); sabotage (article 68); organizing the commission of ..... act was only to regulate certain conditions of service of working journalists and other, persons employed in the newspaper establishments and not to take away or abridge the freedom of speech or expression enjoyed by the petitioners and, therefore, the impugned act could not come within the prohibition ..... made, do not bear the peoples imprimatur, they may not have the same authenticity and efficacy as the silent zones and green belts designedly marked out and left open by parliament in its legislative planning for fair-play of judicial ..... the death sentence imposed on jeeta singh was confirmed by another bench and he was executed on 6th october 1981, though both had played equal part in the murder of the family and there was nothing to distinguish ..... vessels .....

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Jun 28 2012 (FN)

National Federation of Independent Business Vs. Sebelius

Court : US Supreme Court

..... at bottom, the chief justice s and the joint dissenters view that an individual cannot be subject to commerce clause regulation absent voluntary, affirmative acts that enter him or her into, or affect, the interstate mar- ket expresses a concern for individual liberty that [is] more redolent of due process clause arguments ..... madison, it has been said, thought that the phrase amounted to no more than a reference to the other powers enumerated in the subsequent clauses of the same section, while hamilton maintained the clause confers a power separate and distinct from those later enumerated [and] is not restricted in meaning by the grant of them. ..... the commerce power, hypothetically, would enable congress to prohibit the purchase and home production of all meat, fish, and dairy goods, effectively compelling americans to eat only vegetables. cf ..... the states thus can and do perform many of the vital functions of modern government punishing street crime, running public schools, and zoning property for development, to name but a few even though the constitution s text does not authorize any government to do so. ..... the constitution authorizes congress to regulate commerce with foreign nations, and among the several states, and with the indian ..... 314, 326 (1981) ( this [c]ourt will certainly not substitute its judgment for that of congress unless the relation of the subject to interstate commerce and its ef- fect upon it are clearly non- ..... 346, 368 (1981) (rehnquist, ..... 264, 277 (1981) ; katzenbach .....

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