Court : Delhi
Reported in : 2004IAD(Delhi)563; 2003(70)DRJ710
..... the facts and circumstances under 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'). ..... rule 6 of 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 the central government for a permit. ..... the charterer shall give an undertaking 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. ..... however, on the ground of laches high courts have, in several instances, refused to exercise their extraordinary writ jurisdiction. ..... parties are left to bear their own costs. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC3983; 104(2003)DLT779(SC); JT2003(4)SC549; 2003(4)SCALE581; (2003)5SCC437
..... 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'). ..... 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. 8. ..... moreover, the negotiation of a legitimate expectation (falling short of a legal right) is too nebulous to form a basis for invalidating the exercise of a power when its exercise otherwise accords with law; 'if a denial of legitimate expectation in a given case amounts to denial of right guaranteed or is arbitrary, discriminatory, unfair or biased gross abuse of power or violation of principles of natural justice, the same can be questioned on the well known grounds attracting article 14 but a claim based on mere legitimate expectation without anything ..... they have to establish strength of their case on some other basis and not by claiming negative equality. 15. ..... what is highlighted is that notwithstanding the policy their rights are unaffected.13. ..... even if hypothetically it is accepted that wrong has been committed on some other cases by introducing a concept of negative equality respondents cannot strengthen their case. .....
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. ..... for the alleged contravention the companies which owned the vessels and their managing directors as well the companies which had chartered them and their managing directors were prosecuted before the additional chief metropolitan magistrate, bombay on complaints filed by s.d. ..... the prosecutions ended in conviction of the owners of the vessels and their managing directors and acquittal of the charterer - companies and their managing directors. ..... against their convictions and the orders of confiscation of the vessels the owners and their managing directors filed separate appeals; and the respondent no. ..... 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 : 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. ..... dry prawn.section 3 of the act confers power upon the government to issue 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 in such notification. ..... it is engaged in the business of processing and exporting of marine products and for that purpose it has established a branch office at kakinada in the state of andhra pradesh, from where it carries on the business activities in respect of prawns. ..... the appellant is a public limited company within the meaning of the companies act, 1956 having its registered office at calcutta. .....
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. ..... preventing the illegal poaching of fishes by foreign vessels including foreign vessels chartered by indian parties by providing deterrent punishment to protect indian fishermen and observed:it is pertinent to mention that in interpreting a statute the court has to ascertain the will and policy of the legislature as discernible from the object and scheme of the enactment and the language used therein. ..... the officers who were entrusted with the task of making appointments on class iii and class iv posts misused their power and employed their favourites or all those who enjoyed political power without considering the claims of other similarly situated persons. ..... viewed in this context it is apparent that the said act has been made with the sole purpose of preventing poaching of fishes by foreign vessels chartered by indian citizens within the exclusive economic zone of india as specified in rule 8(1) (q) of maritime zone of india rules as amended in 1982 as well as in breach of the provisions of the said act and the terms and conditions of permit issued under section 5 of the said act.20. ..... when a unit goes sick, it results in retrenchment and even winding-up, thus, adversely affecting the interests of the existing employees who are recruited against sanctioned strength and through authorised process of selection. .....
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. ..... 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. ..... viewed in this context it is apparent that the said act has been made with the sole purpose of preventing poaching of fishes by foreign vessels chartered by indian citizens within the exclusive economic zone of india as specified in rule 8(1)(q) of maritime zone of india rules as amended in 19 82 as well as in breach of the provisions of the said act and the terms and conditions of permit issued under section 5 of the said act.27. ..... baijal filed as authorised officer under section 19 of the m.z.i. ..... 636 of 1936 against their conviction and sentence while the complaining commander s.d. ..... 636 of 1986 filed by masters of two trawlers against their conviction and sentence and allowing appeal no. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(6)ALD309
..... the facts of that case were that 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'). ..... there is equal pay for equal work for both men and women;(e) that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength;(f) that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.article 47. ..... they have to establish strength of their case on some other basis and not by claiming negative equality.it is trite law that article 14 of the constitution applies also to matters of governmental policy and if the policy or any action of the government, even in contractual matters, fails to satisfy the test of reasonableness, it would be unconstitutional.while the discretion to change the policy in exercise of the executive power, when not trammelled by any statute or rule is wide enough, what is imperative and implicit in terms of article .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(4)ALT431:AIR2009NOC2482(A.P)(F.B).
..... 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 ..... non-following of the procedure or the non- following of the steps expected to be followed and the absence of issuance of specific notification and the power to issue general notification had been argued in elaboration in the context of sections 3 and 4 of the act in particular and to substantiate their submissions several decisions had been relied upon. ..... (2) supra) the apex court observed at paras 6 and 17 as hereunder:we have seen that section 5 authorises the establishment of a principal market and one or more subsidiary markets. ..... affect the transaction of purchase or sale in the market or the levy of market fees therefore;(b) the market committee may, in accordance with such rules as may be made by the government and after such inquiry as it deems fit, cancel or suspend any licence granted under sub-section (1):provided that in the case of refusal to grant a licence or of suspension or cancellation of a licence, the applicant or licensee, as the case may be, shall be entitled to appeal to such officer and in such manner as may be prescribed. ..... union of india : (1981) 2 scr 533, 591 : air 1981 sc 818 at ..... of kerala : (1982) 1 scr 519 : air 1981 sc 1863 and municipal corporation of delhi v. ..... state of kerala : (1981) 4 scc 391, sreenivasa general traders ..... : 1981 (2) scc 722, rameshchandra kailashkumar .....
Tag this Judgment!Court : Mumbai
Reported in : 1990(3)BomCR50; 1990CriLJ685
..... the maritime zones of india (regulation of fishing by foreign vessels) act, 1981 for ..... 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 ..... 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. ..... advances or furnishes money for the purpose of gaming with persons frequenting any such house, room or place,shall be punishable with imprisonment for a term which may extend to two years and also with fine which may extend to two thousand five hundred rupees :provided that -(i) for the first offence, such imprisonment shall not be less than one month ..... the circumstances of this case will meet the ends of justice to award a sentence of fine upon each of the petitioners while maintaining their conviction under section 3. ..... this is their first offence at least which .....
Tag this Judgment!Court : Delhi
Reported in : AIR1985Delhi400; [1986]59CompCas750(Delhi)
..... (2) 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'). ..... these rules are called the maritime zone of india (regulation -of fishing by foreign vessels) rules, 1982. ..... 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. ..... (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. ..... if bank guarantee has been furnished by a party on its being required to do so by the government, exercising its statutory or executive power, then the court can examine the action of the government when it seeks to invoke the bank guarantee. ..... if there has been any breach of the rules and regulations by the foreign vessels then the customs authorities may be within their rights to take action against them in accordance with law. ..... reference was made, in this letter, to the meeting held by the petitioner's representative with the officers of the ministry of agricultural on 7th february, 1984. .....
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