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Halar Utkarsh Samiti Through Prakash H. Doshi Vs. State of Gujarat Thr ...

Court : Gujarat

Reported in : (2001)2GLR964

..... provisions. we rather than ordering this mega project, important from the view-point of the national interest also, to lie idle, would not intercept its commission. we, on the other hand, nonetheless shall have to secure the national interest in ecology and environment. our conclusion, therefore, is that we should dispose of these ..... the controversy involved in these matters relates to the protection of wild life including the marine life in the marine national park and the protected sanctuaries as declared under the wild life (protection) act, 1972, and other related laws, it may be mentioned that the increasing awareness of the compelling need to restore ..... museums and similar institutions; and derivation, collection or preparation of snake-venom for the manufacture of life-saving drugs. - under chapter iiia of the said act, section 17a provides for prohibition of picking, uprooting, etc. of specified plant and section 17b provides for grant of permit for special purposes such as education .....

Mahila Jagran Manch, Bangalore Vs. State of Karnataka and Others

Court : Karnataka

Reported in : 1999(4)KarLJ295

..... its being destructive of the system of parliamentary democracy. despite upholding the constitutional validity of the ordinance the court directed 'if any of the persons detained under the national security act are at present housed in the same ward or cell where the convicts are housed, immediate steps must be taken to segregate them appropriately'. the indian human', ..... of the central government to bring that section into force so far can be no impediment in the way of the parliament in enacting a provision in the national security act on the lines of that section'. the case pertained to the detention of sri a.k. roy, marxist member of the parliament who was directed to ..... 'for any other purpose' are required to be read in the context of what precedes those words. the conferment of such wide powers puts the court on guard to issue the appropriate writs after proper judicial probe and satisfaction. the powers of the high court under article 226 admittedly are wider in many fields than those .....

M.C. Mehta Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR2004SC4016; 2005(5)ALLMR(SC)353; (2004)3CompLJ199(SC); JT2004(4)SC181; 2004(3)SCALE396; (2004)12SCC118

..... one of the most protected areas in the country. the sanctuary is significant as it is instrumental in protecting the green lung of national capital of delhi and acts as a carbon sink for the industrial and vehicular emissions of the country's capital which is witnessing rapid growth in its pollution level ..... mining operations or tailings, slims, and fines produced during sizing salting and beneficiation or metallurgical operations shall be stored in separate dumps which shall be properly secured to prevent escape of material therefrom in harmful quantities which may cause degradation of environment. wherever possible, the waste rock, overburden etc. shall be back ..... to enhance the land based livelihood of people -- agriculture, animal care and forestry. local people must not be thrown into making false choices, which may secure their present but will destroy their future. already, all the villages visited by epca complained of dire and desperate shortages of drinking water. women talked about .....

Chagalamarri Subbaiah and ors. Vs. State Rep. by Its Public Prosecutor

Court : Andhra Pradesh

Reported in : 2010CriLJ655

..... in any factory or mine or engaged in any other hazardous employment. clauses (e) and (f) of article 39 provide that the state shall direct its policy towards securing inter alia that the tender age of children is not abused, that citizens are not forced by economic necessity to enter avocations unsuited to their age and strength and that ..... (f) of the constitution of india reads as follows:39. certain principles of policy to be followed by the state.-the state shall, in particular, direct its policy towards securing-(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 ..... relating to juvenile justice should be construed as a step for resolution of the problem of juvenile justice which was one of tragic human interest which cuts across national boundaries. the said act has not only to be read in terms of the rules but also the universal declaration of human rights and the united .....

Gujarat Forest Producers, Gatherers and Forest Workers Union Vs. State ...

Court : Gujarat

Reported in : (2004)2GLR568; (2004)IIILLJ259Guj

..... and therefore, the department is not an industry within the meaning of the term 'industry' as defined in section 2(j) of the act. it is pointed out from the national water policy, 2002 that the water was considered as a prima natural resource, a basic human need and a precious ..... produce output through public sector, to influence allocation of resources. under article 39(b) of the constitution, the state is required to direct its policy towards securing that ownership and control of material resources of the community are so distributed as best to subserve the common good. under article 46 of the constitution, the ..... governed by the recruitment rules framed under article 309 such as watchman [forest department] recruitment rules, 1975, khalasi [gujarat forest inferior service) recruitment rules, 1977, guards [subordinate service] recruitment rules 1969 etc. the rules framed under article 309 cannot be nullified by recognizing the modes of regularization that are in conflict with the .....

Accountant General, M.P. Vs. S.K.Dubey and anr.

Court : Supreme Court of India

..... respondent no.1, the payment made so far should not be recovered. he relied upon the judgment of this court in the case of yogeshwar prasad vs. national institute of education planning and admn. reported in 2010 (14) scc 323 wherein this court held in the facts of that case the grant of higher ..... judge, was entitled to receive pension for this subsequent period in the absence of any specific provision therefor in the rules framed under the consumer protection act, 1986 ("the act" for short). the ancillary question is as to whether the second respondent i.e. state of madhya pradesh could grant pension for this period by ..... period during which justice p. venugopal served as the commission of inquiry or as the commissioner of payments under the madras race club (acquisition and transfer of undertaking) act, 1986 could be taken into consideration for computing the pensionary benefits. this court, while dealing with the above question, referred to constitutional provisions, namely, articles 112 .....

Raj Kumar Shivhare Vs. Assistant Director, Directorate of Enforcement ...

Court : Supreme Court of India

..... that since pursuant to this court's interim order rs. 10 lacs have been deposited with the directorate, the appellant was directed to furnish further such security as may be stipulated by the tribunal and directed that on such deposit tribunal is to hear the appeal without requiring further deposit.46. it is obvious ..... obvious that while exercising the power under article 226/article 32, the court would certainly take note of the legislative intent manifested in the provisions of the act and would exercise their jurisdiction consistent with the provisions of the enactment (para 77 page 607 of the report). 40. in the concluding portion of the ..... foreign exchange with the objective of facilitating external trade and payments and for promoting the orderly development and maintenance of foreign exchange market in india'.18. the act has seven chapters and 49 sections and out of which, chapter v, which deals with adjudication and appeal, contains detailed provisions starting from sections 16 to .....

Shri Vinod Vithal Rane Vs. Shri R.H. Mendonca and ors.

Court : Mumbai

Reported in : 2001BomCR(Cri)537; (2001)2BOMLR307; 2001(2)MhLj437

..... the purview of sections 109 and 110 of the criminal procedure code and therefore the petitioner should have been properly proceeded under those sections than under section 3 of the maintenance of national security act, 1971. in para 4 of the decision, the apex court, considered the said question and has observed thus :-the preventive detention provided by the ..... persons accused of commission of offences and, for prevention of offences, is not found adequate for dealing with the situation for effectively preventing, in the interest of national security etc. the commission of prejudicial acts in future, that the provisions of this act were enacted and are intended to be utilised. if, therefore, for any reason it is not possible to successfully try and .....

Gulab Mehra Vs. State of U.P. and ors.

Court : Supreme Court of India

Reported in : AIR1987SC2332; 1988CriLJ168; 1987(3)Crimes405(SC); JT1987(3)SC559; 1987(2)SCALE561; (1987)4SCC302; [1988]1SCR126

..... by the district magistrate, allahabad.3. the respondent no. 2, district magistrate, allahabad clamped upon the appellant an order of detention under section 3(2) of the national security act, 1980 and the appellant was detained at central jail, naini on october 10, 1986. on the same day the grounds of detention were served on the appellant. ..... october 2 and 3, 1986. before passing the detention order the district magistrate fully satisfied himself of all the conditions for passing a detention order under the national security act. it has also been stated that it is wrong that the allegations made in the reports dated october 2 and 3, 1986 are false. the district magistrate ..... be raised. merely on the ground that an accused in detention as an under trial prisoner was likely to get bail an order of detention under the national security act should not ordinarily be passed. we are inclined to agree with counsel for the petitioner that the order of detention in the circumstances is not sustainable .....

The Commissioner of Police and ors. Vs. Smt. C. Anita

Court : Supreme Court of India

Reported in : 2004(2)ALD(Cri)827; JT2004(7)SC355; 2004(7)SCALE120; (2004)7SCC467

..... ' is synonymous with public safety and tranquility: 'it is the absence of disorder involving breaches of local significance in contradistinction to national upheavals, such as revolution, civil strife, war, affecting the security of the state'. public order if disturbed, must lead to public disorder. every breach of the peace does not lead to ..... transports, imports, exports, sells or distributes any liquor intoxicating drug or other intoxicant in contravention of any of the provisions of the andhra pradesh excise act, 1968, and the rules, notifications and orders made thereunder or in contravention of any other law for the time being in force, or who knowingly ..... of section 3 of the andhra pradesh prevention of dangerous activities of bootleggers, dacoits, drug-offenders, goondas, immoral traffic offenders and land-grabbers act, 1986 (in short the 'act'). wife of the detenu smt. c. anita filed a habeas corpus writ application before the andhra pradesh high court questioning legality of the .....