Judgment Search Results Home > Cases Phrase: national environment tribunal act 1995 section 18 distribution of business amongst the benches Page 21 of about 210 results (0.213 seconds)

Jeeja Rani Vs. Balakrishnan

Court : Kerala

..... under section 31b of the act, a further appeal lies to the national green tribunal established under section 3 of the national green tribunal act, 2010 ..... (c) no.4810 of 2014 -------------------------- dated this the 18th day of february, 2014 judgment ext.p15 consent to operate issued by the environmental engineer, kerala state pollution control board, district office, kannur under section 25 of the air (prevention & control of pollution) act, 1981 and the environment (protection) act, 1986 to the first respondent herein, is under challenge in this writ petition filed under article 226 of the constitution of india by a neighbouring resident.2 ..... section 31(1) of the air (prevention and control of pollution) act, 1981, stipulates that any person aggrieved by an order made by the state board under this act may, within thirty days from the date on which the order is communicated to him, prefer an appeal to the appellate authority constituted by the state government ..... no.4810/2014 2 constituted by the state government and a further appeal to the national green tribunal. ..... in such circumstances, i am of the opinion that the petitioner should invoke the alternate remedies available to her instead of invoking the jurisdiction of this court under article 226 of the constitution of india. ..... of 2014 (a) ----------------------------------------- appendix petitioner(s)' exhibits ------------------------------------- exhibit-p1: copy of the complaint dated256.2012 submitted before the2d respondent. .....

M/S Rajpur Hydro Power Ltd and Ors vs.m/s Ptc India Financial Services ...

Court : Delhi

..... in the case of mardia chemicals (supra), it was clarified that a borrower may not be entitled to challenge the reasons communicated or the likely action of the secured creditor at that point of time unless his right to approach the debt recovery tribunal as provided under section 17 of the act, matures on any measure having been taken under sub- section (4) of section 13 of the act . ..... ; that it is not a state within the meaning of article 12 of the constitution of india; that it does not fall in the ambit of an instrumentality of the state or a public authority ; that it is not a government owned or controlled bank; that no shares in the respondent are held by the central government of the state government; that the respondent is not a nationalized bank/scheduled bank/public financial institution or created under the statute; that it does not discharge any public function or public duty in its usual course of business operations and that its ..... for example, 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 water (prevention and control of pollution) act, 1974 etc. .....

Delhi Public School Through Its Principal and Another Vs. the Delhi St ...

Court : Delhi

Reported in : AIR2002Delhi36; 2001(60)DRJ361

..... 2 read with section 151 of the code of civil procedure whereby the plaintiff is seeking to restrain the defendants, their members, employees or any other class iii or iv employees of the plaintiff school from demonstrating within 200 metres of the school boundary wall/gates of the delhi public school, mathura road, new delhi (hereinafter referred to as the school, for short) or interfering in the ingress or egress from the gates of the plaintiff-school or demonstrating in any manner whatsoever at the resident of the principal of the school, within the school premises or the chairman ..... all india bank employees' association versus the national industrial tribunal (bank disputes), bombay and others : (1961)iillj385sc . 4. m/s. ..... by order dated 15th february, 2000 the plaintiffs were granted ex-parte ad-interim injunction in the following terms:-'pending further orders, up to the next date of hearing, the defendants, their members, employees or any other class iii or iv employees of the plaintiff-school are restrained from holding any demonstration within the radius of 100 metres from the main entrance and the gates of the delhi public school, mathura road, new delhi. ..... immunity given to the union under section 18 of the trade unions act, 1926 does not extend to commit those acts which may amount to offence. 3. ..... the atmosphere and environment in the school has to be of the best standard much less it has any effect on the students who are very young and in delicate state of learning. .....

Diago Pereira Vs. State of Goa, Through Police Inspector and Others

Court : Mumbai Goa

..... reported in 1995 stpl (le) 20811 sc, it has been held in para 22 that question of malafides in a given case may not be relevant at all if the ingredients which establish the commission of the offence or the misconduct (as that case arose out of a prosecution under section 5(2) r/w section 5(1)(a) of the prevention of corruption act, 1947) exist and in that case the prosecution cannot fail merely because there was an animus of the complainant or the prosecution against the accused. ..... it is submitted that on the basis of an application made by the petitioner aleixo, the national green tribunal (ngt), pune bench has passed certain order directing demolition of private shacks. ..... verna, by which offences punishable under sections 323, 504, 506 r/w section 34 of ipc and section 8 of the goa children's act, 2003 (for short, act of 2003) and section 3 and 25 of the arms act have been registered against the applicants. 3. ..... in so far as the ground, about the petitioner having taken up public cause for protection of environment and having obtained some orders for demolition of the private shacks and the complaint being an outcome of the general animosity arising against the petitioner aleixo, is also in our view, not sufficient to quash the fir/complaint. ..... it is submitted on behalf of the petitioners that the petitioner aleixo is taking up matters in public interest in general and for protection of environment in particular. .....

Ntpc Limited vs.patel Engineering Limited

Court : Delhi

..... 2 basin authority (ngrba) under section 3(3) of the environment (protection) act, 1986 and finally by its communication dated 31st january, 2011, the petitioner informed the respondent of the directives received from the government of india for the closing of work on the project.7. ..... this petition under section 34 of the arbitration & conciliation act, 1996 has been filed by the petitioner challenging the arbitral award dated 01st december, 2017 passed by the arbitral tribunal adjudicating the disputes which had arisen between the parties in relation to the award of work of ..... fulfil his or their contractual obligations, or under the law governing the contract, the parties are released from further performance, then the parties shall be discharged from the contract, except as to their rights under this clause and clause 67 and without prejudice to the rights of either party in respect of any antecedent breach of the contract, and the sum payable by the employer to the contractor in respect of the work executed shall be the same as that which would have been payable ..... it clear that the bar to award interest on delayed payment by itself will not be readily inferred as express bar to award interest pendent lite by the arbitral tribunal, as ouster of power of the arbitrator has to be considered on various relevant aspects referred to in the decisions of this court, it would be for the division bench to consider the case on merits ..... the government of india constituted the national .....

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 .....

Gkw Limited Vs. Commissioner of Income Tax,

Court : Kolkata

..... account of transfer of the right to manufacture, produce or process any article or thing or right to carry on any business, which is chargeable under the head capital gains; (ii) any sum received as compensation, from the multilateral 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 ..... section 260a of the income-tax (act), 1961 is at the instance of an assessee and is directed against order dated august 28, 2003 passed by the income-tax appellate tribunal, c bench, kolkata in income-tax (appeal) being ita no.1153 (cal) of 2001 for the assessment year 1997-98 dismissing the appeal filed by the ..... the business of generation or generation and distribution of power; or (v) the amount of profits derived by an industrial undertaking located in an industrially backward state or district as referred to in subsection (4) and sub-section (5) of section 80-ib, for the assessment years such industrial undertaking is eligible to claim a deduction of hundred per cent of the profits and gains under sub-section (4) or subsection (5) of section 80-i; or (vi) the amount of profits derived by an industrial undertaking from the business of developing, maintaining and operating any infrastructure facility as defined as defined in the explanation to sub-section (4) of section 80-ia and subject to fulfilling the ..... the appellant with effect from october 01, 1995 and become a division of the .....

Trent Strategic Health Authority (Respondents) Vs. JaIn and Another (A ...

Court : House of Lords

..... the statutory statement had complained that building works of improvement being carried out at ash lea court had produced an unsatisfactory physical environment for the residents, but the tribunal noted that there was no evidence that the dust from the building works posed any risk to the life or health of the residents and concluded that the conditions at ash lea court had not justified an application for an order under section 30 : ..... this procedure is not available under the 1984 act; all that can be done by the respondent against whom and in whose absence the ex parte order has been made is to appeal the order and wait for a minimum of six weeks for the appeal to be heard - by which time the damage done to the nursing home business that has been closed down may, as here, be irreversible. ..... section 13 of the national health service act 1977 and directions made under that section are referred to in the appellants printed case in support of i have assumed, therefore, that the authority was entitled to exercise the part ii powers of the secretary of state. 5. ..... it was, of course, the magistrates order that directly caused the damage and a causation point was taken, unsuccessfully, by the respondent health authority both at first instance before sir douglas brown, sitting as an additional judge of the queens bench division, and before the court of appeal. .....

Rabindra Prasad Pattnaik Vs. State Pollution Control Board, Odisha and ...

Court : Orissa

..... party no.4 having given false information to the board that it has complied with the conditions, it attracts the penal provision under section 42 (f) of the water (prevention and control of pollution) act, 1974 and section 38 (f) of the air (prevention and control of pollution) act, 1981. ..... that in case of failure of compliance of pollution control devices or non- the conditions stipulated in the earlier consent order and the specific conditions mentioned therein, steps will be taken either by the industry for stoppage of process equipment under intimation to the board or the board will take necessary action against the unit without further intimation and at the same time grant of consent to operate beyond the permitted period shall be considered after verifying satisfactory compliance to the conditions of the board and other issues. ..... the same being in violation 5 of the order under sections 25 and 26 of the water (prevention and control of pollution) act, 1974 and section 21 of the air (prevention and control of pollution) act, 1981 and further, the opp. ..... (18) the industry shall abide by the provisions of environment (protection) act, 1986, amendments made thereafter and rules framed thereunder. 11. ..... the green tribunal by order dated13.12.2012 directed the collector and district magistrate, angul to implement the order dated 1.6.2012 by the pollution control board.9. ..... (2) the ambient air quality shall conform to the national ambient air quality standard values. .....

Arun Toshniwal and Another Vs. The Dy. Commissioner of Income Tax 1(3)

Court : Mumbai

..... whether on the facts and in the circumstances of the case and in law, the tribunal erred in holding that the amount received by the appellant from thermo was taxable as business income under the provisions of section 28(va) of the act, despite the fact that the appellant was not carrying on any business in the relevant ..... for services: provided that sub-clause (a) shall not apply to (i) any sum, whether received or receivable, in cash or kind, on account of transfer of the right to manufacture, produce or process any article or thing or right to carry on any business, which is chargeable under the head capital gains ; (ii) any sum received as compensation, from the multilateral 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 ..... in any part of the world where thermo sells the products of the acquired business or products similar to those sold by the acquired business, without the prior written consent of thermo, directly or indirectly, whether through affiliates or otherwise: i) engage in any business, whether for profit or otherwise, involving the production, development, manufacture, sale or distribution of products that are the same as or similar to the products produced developed, manufactured, marketed, sold or distributed by the acquired business as of date hereof and / or during the period of two (2) years prior to the completion date; and .....