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Judgment Search Results Home > Cases Phrase: national environment tribunal act 1995 section 18 distribution of business amongst the benches Court: andhra pradesh Page 1 of about 9 results (0.254 seconds)

May 01 1998 (HC)

Society for Preservation of Environment and Quality of Life (Speql) Re ...

Court : Andhra Pradesh

Reported in : 1998(3)ALT516

..... the last noted decision, the supreme court in no uncertain terms observed that the organisations may be big or small, may be well established ones or recently started ones, but that would be immaterial in so far as the doctrine of locus is concerned - - once it is found that he was not acting at the instance of or at the behest of or for protecting the interests of an individual company, there was no reason to hold that he was not acting bona fide in approaching the court to preserve the forest wealth of the state in the interest of environment ..... the constitution has undoubtedly conferred very wide powers on the high court but that does not mean and imply that the law court shall have to usurp the functions of the inferior tribunal ..... the instance of a third party, where there is an effective legal aid organisation which can take care of such cases........the strict rule of standing which insists that only a person who has suffered a specific legal injury can maintain an action for judicial redress is relaxed and a broad rule is evolved which gives standing to any member of the public who is not a mere busy ..... the himachal pradesh legislative assembly but also the convenor of the indian national ..... 11082 of 1995 before the supreme court and in that perspective, the supreme court recorded;'we must say that in the light of the above considerations, the high court was not right in observing that shri yogendra chandra cannot be accepted as a public-spirited citizen approaching the court to .....

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May 01 1998 (HC)

Prof. M.V. Nayudu (Retd.) Vs. Secretary to Govt. of A.P., Ma and Ud De ...

Court : Andhra Pradesh

Reported in : 1998(3)ALD688

..... is found that he wasnot acting at the instance of or at the behest of or for protecting the interests of an individual company, there was no reason to hold that he was not acting bonafide in approaching the court to preserve the forest wealth of the state in the interest of environment and ecology. ..... yogendra chandra also filed a special leave petition no.11082 of 1995 before the supreme court and in that perspective, the supreme court recorded:' 'we must say that in the light of the above considerations, the high court was not right in observing that shri yogendra chandra cannot be accepted as a public-spirited citizen approaching the court to protect public interest - more so, when it has recorded a simultaneous finding that there is no evidence of collision between him and shankar ..... that article 226 of the constitution has undoubtedly conferred very wide powers on the high court but that does not mean and imply that the law court shall have to usurp the functions of the inferior tribunal or other authorities. ..... in that view of the matter, the preliminary objection of sri ananiha babu as regards the petitioner being a mere busy-bodyp[and the petition ought to be dismissed on that ground only cannot thus ..... this industry is full of benefits to our nation not to speak of benefits in the social angle - providing employment opportunities to hundrcs ..... not only a member of the himachal pradesh legislative assembly but also the convenor of the indian national trust for art and cultural .....

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Nov 16 2015 (HC)

Mukesh Kumar and Others Vs. The Debts Recovery Tribunal rep., by its R ...

Court : Andhra Pradesh

..... private sector bank in the case of a nonperforming asset; even otherwise, the order under challenge was the order passed by the debts recovery tribunal in s.a.no.97 of 2009 dated 20.09.2013; the order passed by the debts recovery tribunal (which was under challenge in the writ petition), was in exercise of the powers conferred on it under section 17 of the sarfaesi act; the debts recovery tribunal is a statutory tribunal against whose order a writ petition, under article 226 of the constitution of india, would lie; and the division bench had erred in holding that the writ petition was ..... non-negotiable and non-discriminatory; they were binding on all the banks which were included in the ii schedule to the reserve bank of india act; a bank, like any other company, can issue shares to the public, borrow loans, accept deposits and also engage in other permissible financial business; as held by the supreme court, in federal bank ltd (supra), a private bank is not a state within the meaning of article 12 of the constitution of india; and such private banks do not perform ..... , there are certain legislations like the industrial disputes act, the minimum wages act, the factories act or for maintaining proper environment, say the air (prevention and control of pollution) act, 1981 or the water (prevention and control of pollution) act, 1974 etc. ..... is a private affair of the company though the case of nationalized banks stands on a different ..... (1999) 1 scc 209)and punjab national bank v. o.c. .....

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May 18 2001 (HC)

N. Swarnalatha Vs. Managing Director, Apsrtc, Hyderabad and Others

Court : Andhra Pradesh

Reported in : II(2002)ACC155; 2001(4)ALD257

..... , the application shall be made to the regional transport authority of the region in which the major portion of the proposed route or area lies and in case the portion of the proposed route or area in each of the regions in approximately equal to the regional transport authority of the region in which it is proposed to keep the vehicle or vehicles; provided further that if it is proposed to use the vehicle or vehicles in two or more regions lying in different states, the applications shall be made to the regional transport authority of theregion in which the applicant resides or has his principal place of business. ..... the full bench observed that under the old actthere were provisions in sections 47(1) as well as section 57(3) and (5) enabling the existing operators to submit their representations and for a hearing to be given to them but under the new act these provisions have been deliberately dropped by parliament with a view to give effect to the liberalised policy of grant of permits. ..... act, 1939 (hereinafter called the old act) was found to be unworkable to suit the present day requirement of the public and that after constituting various committees and eliciting opinion from various quarters the old act was repeated and a new motor vehicles act 1988 was brought into effect with total structural changes in the act keeping in view the interests of the travelling public and also environment and and pollution provisions. .....

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Feb 08 2001 (HC)

A. Swarajyalakshmi Vs. Registrar General of India (Census), New Delhi ...

Court : Andhra Pradesh

Reported in : 2001(2)ALD223; 2001(2)ALT258

..... the learned counsel appearing on behalf of the petitioner inter alia submitted that the learned tribunal ought to have considered the case having regard to the principles of equity particularly having regard to the fact that the charge memo was issued after 12 years ..... ofemployment by filing a false caste certificate resulting in an order of removal was the subject-matter of an application before the tribunal and the order passed therein being dated 24-1-2001 in oa no.1678 of 1999 is the subject-matter of this writ petition.2. ..... in the light of the constitutional philosophy of social integrity and national unity, right to equality assured by the human rights and the constitution of india on marriage by man and woman, they become members of the family and entitled to the social status as married couple, recognition per se is not a pre-conditionbut entitled to be considered, when evidence is available ..... state of karnataka, (1995) 7 jt (sc) 93, this court had held that economic empowerment is a fundamental right to the poor and the state is enjoined under articles 15(3), 46 and 39 to provide them opportunities ..... a division bench of this court in the aforementioned case upon consideration of various decisions inter alia held:'31 ..... however the question is : whether a lady marrying a scheduled caste, scheduled tribe or obc citizen, or one transplanted by adoption or any other voluntary act, ipso facto, becomes entitled to claim reservation under article 15(4) or 16(4), as the case may be .....

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Mar 28 2002 (HC)

Vishnu Mor Vs. Visakhapatnam Urban Development Authority and ors.

Court : Andhra Pradesh

Reported in : 2002(4)ALT746

..... the government of india, ministry of environment and forests issued notification in exercise of their powers conferred by clause (d) of sub-rule (3) of rule 5 of the environment (protection) rules, 1986 as well as section 3 of the environment (protection) act, 1986 declaring the coastal stretches of seas, bays estuaries, creeks, rivers and backwaters etc. ..... thereafter, the division bench declared as under:...the permission accorded by the gram panchayat prevails and that should be acted upon and any subsequent notification entrusting the powers to vuda will not have effect of divesting the gram panchayat of its powers so far as the permission, in the instant case, is concerned. ..... the areas that are ecologically sensitive and important, such as national parks/marine parks, sanctuaries, reserve forests, wildlife, habitats, mangroves, corals/coral reefs, areas close to breeding and spawning grounds of fish and marine life, areas of outstanding natural beary/ historically/heritage areas, areas ..... rich in genetic diversity, areas likely to be inundated due to rise in sea level consequent upon global warming as well as area between ltl and htl are classified as crz i, crz ii consists of those already developed upto or close to the .....

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Apr 06 1993 (HC)

Smt. Satyavani and Another Vs. A.P. Pollution Control Board and Others

Court : Andhra Pradesh

Reported in : AIR1993AP257

..... the bench also observed that the state government shall prepare and submit a detailed report to the central government within eight weeks from the dale of receipt of the copy of the judgment and on receipt of the report, the central government shall consider the same, having regard to the provisions of the water (prevention and control of pollution) act, 1974, the air (prevention and control of pollution) act, (981, the environment (protection) act, 1986 and the industries (development and regulation) act, 1951 and pass appropriate orders in relation to the establishment of the mechanised slaughter-house ..... therefore, the fact that the 5th respondent may adopt measures and acquire animals in violation of the provisions of the act is .not a ground either for not granting the no objection certificate or for cancelling the licence, in view of the observations of the supreme court that possible violation of the act is not a ground for depriving the fundamental right of the persons who are engaged in the said business.40. ..... in such a conflict between national interest and the sentiments of a section of the public the options for the court are limited but definite. ..... in paragraph 6 of the affidavit which was sworn to by sri kishan rao, it was stated that:'i submit that we have not instituted any other proceedings before any tribunal or filed writ petition questioning the action of the respondents.' 70. .....

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Nov 24 2003 (HC)

Forum for a Better Hyderabad (Confederation of Voluntary Organizations ...

Court : Andhra Pradesh

Reported in : 2004(1)ALT500

..... the further contention of the learned advocate general is that since the petitioner failed to avail the effective alternative remedy of appeal available under the national environment appellate authority act, 1997, the writ petition deserves to be dismissed in limine.14. ..... that apart, the central government in exercise of the powers conferred by section 3(2) and (1)(v) of the environment protection act, 1986 read with rule 5 (3) (d) of the environment protection rules 1986 issued environment impact assessment notification vide so 60 (e) dated 27-1-1994 directing that expansion or modernization of any activity listed in schedule i to the said notification shall not be undertaken in any part of india unless it has been accorded environmental clearance by the central government in accordance with the procedure specified in the said notification. ..... pollution control board in november, 1995 through the industries department of the state government. ..... setting up of an international airport at hyderabad which caters to a large number of passengers who travel abroad has been engaging the attention of the government of andhra pradesh, the union government and the airports authority since 1995. ..... the state government by letter dated 28-11 -1995 recommended to the government of india for grant or intent in relaxation of 10 k.ms. ..... of the himayatsagar and osmansagar reservoirs the said industry purchased land on 26-9-1995 situated within 10 k.ms. .....

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Mar 09 2004 (HC)

Lao-cum-revenue Divisional Officer, Chevella Division and ors. Vs. Mek ...

Court : Andhra Pradesh

Reported in : AIR2004AP250; 2004(2)ALD451; 2004(2)ALT546

..... the views of the larger bench are summarized in the following manner:'where the assigned land is taken possession of by the state in accordance with the terms of the grant or patta the right of the assignee to any compensation will have to be determined in accordance with the conditions in patta itself and where the state does not resort to the covenant of the grant and resorts to the land acquisition act the assignee shall be entitled to compensation in terms of the land acquisition act not as an owner but as an interested person for the interest he held in the property.'6. dr. ..... . in the matter of distribution of material resources of the community to the vulnerable sections of the society by the state in furtherance of its constitutional obligations no argument can be heard from the state contending that the recipient of the benefit may either accept with the restrictions or not to accept the benefit at all ..... state of karnataka, : (1995)6scc309 , the supreme court while considering the provisions of the scheduled castes and scheduled tribes prohibition of transfer of certain lands act, 1978 observed:'the prohibition from alienation is to effectuate the constitutional policy of economic empowerment under articles 14, 21, 38, 39 and 46 read with the preamble of the constitution.'54. ..... laxman, adopted the submissions made by the learned amicus curiae.legal environment relating to assignment of government land to the landless poor persons:15. .....

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Dec 08 2000 (HC)

D. Sesharani and Ors. Vs. Managing Director, A.P. Women's Co-op. Finan ...

Court : Andhra Pradesh

Reported in : 2001(2)ALT607

..... the validity of kerala state backward classes (reservation of appointments or posts in the services under the state) act, 1995, whereunder the state declared that there are no socially advanced sections in any backward classes who have acquired capacity to compete with forward classes and refused to identify the creamy layer amongst the ..... bench of the supreme court in para 38 while considering the validity of payment of compensation (amendment) act, 1976 nullifying various settlements entered into between the corporation and its employees relating to payment of bonus to class iii and class iv of the employees of the corporation held as follows:'in the light of this discussion, the conclusion is inevitable that the direct effect of the impugned act was to transfer ownership of the debts due and owing to class iii and class iv employees in respect of annual cash bonus to the ..... (d) of article 323-a and clause 3 (d) of article 323-b and section 28 of administrative tribunals act excluding the jurisdiction of high court and supreme court under articles 226 and 227 and ..... or otherwise acquire, any real and personal property and any rights or privileges which the corporation may think necessary, any or convenient for the purpose of its business and in particular and land buildings easements machinery plant and stock in trade. ..... (v) to act as the agent of the government for procurement supply and distribution of agricultural or other produce ..... public employment was a national wealth.90. .....

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