Judgment Search Results Home > Cases Phrase: national environment tribunal act 1995 section 18 distribution of business amongst the benches Court: chennai Page 1 of about 6 results (0.089 seconds)

Vellore Citizens Welfare Forums Vs. Union of India rep. by its Secreta ...

Court : Chennai

..... section 38 of the national green tribunal act, 2010, repeals the following enactments: (i) national environment tribunal act, 1995 (ii) national environment appellate authority act, 1997 32. ..... he also submitted on instructions that the union of india is prepared to create an additional bench of the national green tribunal at chennai, so as to handle the volume of work that will arise after the transfer of the claim petitions pending before the loss of ecology authority to the tribunal. ..... but an assurance has been given on behalf of the central government that an additional bench of the national green tribunal would be constituted at chennai, if the pending cases are transferred from loea. ..... (vi) in view of the huge volume of claims now getting transferred to the national green tribunal, the central government shall constitute, at least one additional bench at chennai, as undertaken by the learned additional solicitor general, for the present. ..... (iii) all the claims pending investigation/enquiry on the file of the loea shall stand transferred to the chennai bench of the national green tribunal. ..... therefore, while creating one or more additional benches and having all the pending cases transferred from the loss of ecology authority to the national green tribunal, the government of india shall also consider the absorption of the staff working in the loss of ecology authority, to the extent necessary. 81. .....

Kollidam Aaru Pathukappu Nala Sangam Vs. 1.The Union of India, Rep.by ...

Court : Chennai

..... the national green tribunal was constituted in terms of the provisions of the national green tribunal act, 2010, with the object of providing for the establishment of a tribunal for the effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources, including enforcement of any legal right relating to environment ..... have also pointed out that the right of appeal under section 22 of the national green tribunal act, 2010 is subject to a very serious restriction namely that it should pass the same test as stipulated in section 100 of the civil procedure code namely the existence of a substantial question of ..... both the matters were taken up together by a division bench of the andhra pradesh high court, the high court held that after the decision of the supreme court in l.chandrakumar, section 17 of the administrative tribunals act did not survive and that consequently the administrative tribunals cannot exercise contempt jurisdiction under section 17 ..... moreover, in a federal constitution, the distribution of legislative powers between parliament and the state legislature involves limitation on legislative powers and therefore, this requires an authority other than parliament to ascertain whether such limitations ..... judicial review acts as the final arbiter not only to give effect to the distribution of legislative powers between parliament and the state legislatures, it is also necessary to show any transgression by .....

Palanisamy Shanmugam Vs. The District Collector, Tirupur District, Pal ...

Court : Chennai

..... after knowing that the construction is carried on without any valid permission, the petitioner filed an application in a.no.163/2016 before the national green tribunal, southern zone, which disposed of the said application on 28.07.2016, on production of environment clearance certificate by the fifth respondent. ..... with regard to other queries, the national green tribunal has granted liberty to the petitioner to approach the appropriate forum. ..... member secretary, yanam planning authority, mini civil station, yanam and another), wherein, the division bench of this court has observed that the government and board have no power under the act to regularize illegal construction. ..... e) environment impact assessment has been already obtained for the construction of 1280 tenements by the tamil nadu slum clearance board and there is no residential building in this land survey no.429/1 and 437. ..... the government and the board have to act within the four corners of the puducherry town and country planning act. ..... in case, the authorities have exempted illegal buildings from the provisions of the act and building bye-laws or regularised the illegal constructions, such actions are justiciable. ..... therefore, the petitioner made applications to respondents 2, 3 and 5 seeking certain informations under the right to information act. .....

M/s. Sun TV Network Ltd., Represented by its Managing Director K. Vija ...

Court : Chennai

..... the respondents seek to read into section 22 of the national green tribunal act, 2010, an implied exclusion of ..... if the respondents felt aggrieved by the acquisition of their lands situate at jaipur and wanted to challenge the validity of the notification issued by the state government of rajasthan under section 52(1) of the act by a petition under article 226 of the constitution, the remedy of the respondents for the grant of such relief had to be sought by filing such a petition before the rajasthan high court, jaipur bench, where the ..... ministry and comprising of competent officials and experts which obtains the inputs and materials from agencies involved in monitoring and supervising the activities of several persons, including business entities, then, all the more we do not see how in the face of such material any useful purpose will be served by interfering with the impugned orders and directing that the respondents must issue a notice to the petitioners and grant them a personal hearing and thereafter ..... the learned additional solicitor general submitted that there were deliberations amongst various departments and the ministry of home affairs ultimately decided not to issue security clearance for the reasons stated by them in their communication and therefore, the said communication of the ministry of home affairs cannot be subjected to judicial review as the courts are not experts in ..... secretary to government, ministry of environment and forests, new delhi) ..... vii) (1995) .....

E.Seshan Vs. Union of India

Court : Chennai

..... [(2012) 4 scc362, interlocutory applications were filed for protection of red sandalwood as well as sandalwood which are stated to be a 'specified plant' and gave a direction to the central government to formulate a policy for conservation of sandalwood including provision for financial reserves for such conservation and scientific research for sustainable use of biological diversity in sandalwood and further direction was given to formulate rules and regulations under sections 3 and 5 of the environment (protection) act, 1986 for effective monitoring. ..... the fourth respondent has fairly stated that the herd of six elephants initially seemed to move into the forests of chittoor, andhra pradesh, maintaining contact with the groups there, but the completion of the four lane national highway in 2002, blocked any such excursion and therefore, the herd become isolated and started roaming in the forest of vellore, tiruvannamalai, kallakurichi, salem, attur, harur, tirupattur and dharmapuri forest divisions of tamil nadu. ..... union of india and others [(2012) 3 scc277, interlocutory applications were moved in writ petition (c)no.202/1995, which pertains to rescue plan to save the wild buffalo, an endangered species from extinction. .....

Pushparayan Vs. The Secretary, Government of India and Others

Court : Chennai

..... this writ petition has been filed challenging the notification of the 1st respondent dated 22.9.2009 issued in exercise of the powers conferred by sub-section (2) of section 6 read with section 13 of the national environment appellate authority act, 1997 (act no.22 of 1997), authorising a member to exercise the financial and administrative powers of the chairperson in his absence and as that of the vice chairperson. 17. ..... (prayer: writ petition in w.p(md) no.13810 of 2009 is filed under article 226 of the constitution of india seeking for the relief of issuance of writ of declaration declaring the notification of the 1st respondent dated 1.1.2009 as illegal and against the provisions of eia notifications dated 14.09.2006 and the provisions of the environmental protection act, 1986 and consequentially directing the 1st respondent to conduct public hearing for the proposed expansion project of the 4th respondent and thereby considering the objections by constituting a assessment committee comprising eminent environmentalist and ..... the national green tribunal bench, pune, in that context, passed orders dated 08.08.2014. ..... the 4th respondent has obtained environment clearance from the ministry of environment and forests (moef), government of india on 16.1.1995. ..... thereafter, ''consent to establish'' was received from the tamil nadu pollution control board on 22.5.1995. .....

Commissioner of Income-tax Vs. M. Arokiam and anr.

Court : Chennai

Reported in : [2009]317ITR381(Mad)

..... in the above referred judgment, the revenue assailed the order of the tribunal granting the relief of deduction under section 10(10c) of the income-tax act, 1961, to the respective assessees, who have severed their service connection from their employers--the icici bank and the reserve bank of india, under a scheme framed in the year 2003 called the icici bank early retirement option 2003 and the optional early retirement scheme (oers) 2003, respectively. ..... whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was right in law in holding that the assessee is eligible for the benefit of section 10(10c) without even going into the details of the optional early retirement scheme to see if it fulfils the criteria laid down for voluntary retirement scheme?2. ..... in addition to that, the schemes are the outcome to fulfil the desire of the employees, who found the competitive environment too pressurizing to them and expressed their desire to have an early exit with some benefits. ..... these appeals are at the instance of the revenue against the order of the income-tax appellate tribunal, madras 'b' bench, chennai, dated september 21,2007, passed in i.t.a. ..... such pruning of unproductive and unwanted employees benefits the speedy competitive growth and prosperity of the employer bank which also have a bearing on the national economy. .....

Somasekharan Nair Vs. The District Collector, Nagercoil Post, Kanyakum ...

Court : Chennai Madurai

..... keeping in view the provisions and scheme of the national green tribunal act, 2010 (for short the ngt act ) particuarly section 14, 29, 30 and 38(5), it can safely be concluded that the environmental issues and matters covered under the ngt act, schedule i should be instituted and litigated before the national green tribunal (for short ngt ). ..... as per abovesaid judgment of the honourable apex court, we come to the conclusion that the environmental issues and matters covered under the ngt act, schedule i should be instituted and litigated before the national green tribunal only and not before this court under article 226 of the constitution of india. ..... after act of ngt 2010 came into force, the environmental issues and matters covered under the ngt act, schedule-i should be instituted and litigated before the national green tribunal and this court have no competent jurisdiction to entertain this writ petition. ..... thulasibai ammal has filed the writ petitions in w.p(md)no.10648 and 10649 of 2011 and the same were transferred by this court to the national green tribunal south zone, chennai, which was taken on file as application no.118 of 2013. ..... the intention of the respondents 7 to 10 are only commercial business at high rates inside and outside the state, as the border is very near to the place. ..... this will help in rendering expeditious and specialised justice in the filed of environment to all concerned. 19. .....

C. Soman Vs. The District Collector, Nagercoil, Kanyakumari District a ...

Court : Chennai Madurai

..... keeping in view the provisions and scheme of the national green tribunal act, 2010 (for short the ngt act ) particuarly section 14, 29, 30 and 38(5), it can safely be concluded that the environmental issues and matters covered under the ngt act, schedule i should be instituted and litigated before the national green tribunal (for short ngt ..... per abovesaid judgment of the honourable apex court, we come to the conclusion that the environmental issues and matters covered under the ngt act, schedule i should be instituted and litigated before the national green tribunal only and not before this court under article 226 of the constitution of india. ..... after act of ngt 2010 came into force, the environmental issues and matters covered under the ngt act, schedule-i should be instituted and litigated before the national green tribunal and this court have no competent jurisdiction to entertain this writ ..... thulasibai ammal has filed the writ petitions in w.p(md)no.10648 and 10649 of 2011 and the same were transferred by this court to the national green tribunal south zone, chennai, which was taken on file as application no.118 of ..... thus, in unambiguous terms, we direct that all the matters instituted after coming into force of the ngt act and which are covered under the provisions of the ngt act and/or in schedule i to the ngt act shall stand transferred and can be instituted only before ..... will help in rendering expeditious and specialised justice in the filed of environment to all concerned. 19. .....

Gerard Perir Vs. The Income-Tax Officer, Range XV(1), Chennai

Court : Chennai

..... the said decision, instant tax case appeal has been filed and record of proceedings shows that appeal has been admitted on 08.08.2007, on the following substantial question of law, "whether on the facts and in the circumstances of the case, the tribunal is right in law in not holding that the interest from fixed deposits formed out of compulsory retention and transfer of export realisation is income from business liable for inclusion as business profit for computation of deduction under section 80hhc of the income tax act ..... , on account of transfer of the right to manufacture, produce or process any article or thing or right to carry on any business [or profession], which is chargeable under the head "capital gains"; (ii) any sum received as compensation, from the multi-lateral fund of the montreal protocol on substances that deplete the ozone layer under the united nations environment programme, in accordance with the terms of agreement entered into with ..... the facts and circumstances of the said case, a hon'ble division bench of the kerala high court, held as follows: "from the above discussion of the meaning of the word "attributable to" with reference to the expression "derived from", it can be seen that the meaning of the expression "derived from" has got only a limited import and, therefore, the expression "derived from" as used in section 80hhc must be understood as profit directly arising from the export of the goods and not incidental to the ..... the assessment year 1995-96, the .....