Court : Supreme Court of India
..... india shall be such as may be specified, from time to time, by or under any law made by parliament.265. parliament has enacted the offshore areas mineral (development and regulation) act 2002326 to provide for development and regulation of mineral resources in the territorial waters, continental shelf, exclusive economic zone, and other maritime zones of india. section 2 contains a legislative declaration to the effect ..... belonging to a mine on which any process ancillary to the getting dressing or preparation for the sale of minerals or of coke is being carried on. 190 offshore areas mineral (development and regulation) act 2002. section 4(k) defines mine to mean any place in the offshore area wherein any exploration or production operation is carried on, together with any vessel, erection, appliance, artificial island or .....
Tag this Judgment!Court : Supreme Court of India
..... of reference to the larger bench, mr ganguli has placed a very heavy reliance on the recent order of this court dated 30-3-2011 in mineral area development authority v. sail (2011) 4 scc450 wherein considering the issue of interpretation of the constitutional provisions and validity of the act involved therein, a three ..... mr. ajit kumar sinha, learned senior advocate, in support of his contention, that the matter needed to be heard by a larger bench, placed reliance on mineral area development authority v. steel authority of india[23]., and invited our attention to question no.5 of the reference made by this court: 5. whether the majority ..... a violation of the principle. it was observed by justice sathasivam speaking for the court, while considering the constitutional validity of the members of parliament local area development scheme: the concept of separation of powers, even though not found in any particular constitutional provision, is inherent in the polity the constitution has adopted. .....
Tag this Judgment!Court : Supreme Court of India
..... impact zone of the proposed mining area, the linked rules/notifications governing such zones and the judicial pronouncements, if any, need be duly noted. the union ministry of mines along with the indian bureau of mines and respective state governments should therefore make necessary provisions in this regard under the mines and minerals (development and regulation) act, 1957, mineral concession rules, 1960 and adopt ..... 15 of the ngt act seeking directions to cease the filling up of ponds in the greater noida industrial development area. long ago, in state of tamil nadu v. m/s. hind stone & ors7, this court made 39. following observations: 6. rivers, forests, minerals and such other resources constitute a nation's natural wealth. these resources are not to be frittered away and .....
Tag this Judgment!Court : Mumbai
..... n o t i f i c a t i o ngsr (e) in exercise of the powers conferred by clause (e) of section 3 of the mines and minerals (development and regulation) act 1957 (67 of 1957), the central government hereby declares the 'ordinary earth' used for filling or leveling purposes in construction of embankments, roads, railways, ..... whether, the proposal is in conformity with the development plan of the area and the planning statues. 13 the argument of the petitioners that the mrtp act deals with the use of the land and that the definition of ..... the authority may grant permission or may refuse the same to secure public health, safety and convenience or if such use is contrary to any scheme for the planned development of the area and the like specified in section 44 (2) of the revenue code. similarly, while approving building plan, the planning authority has to merely consider as to .....
Tag this Judgment!Court : Karnataka
..... yathish j nadiga, advocate) and:252. 1 . the state of karnataka represented by its chief secretary, vidhana soudha, bangalore-560001 2 . the panchayath development officer mudugodu grama panchayati, mudugodu-577144 lakkavalli hobli, tarikere taluk chickmagalur district-577101 3 . suresha s/o late seetharamaiah, aged about45years, employee, irrigation department, ..... granted 2 acres each to carry out quarrying in sy.no.224/p1 at daddigatta (bettadahalli), shravanabelagola hobli, chennarayapatna taluk under karnataka minor mineral concession rules. this is borne by the voluminous records produced by the petitioners, which fact is also admitted by the special court itself ..... and subjective basis, with the attendant dangers of arbitrary and discriminatory application. third, but related, where a vague statute 'abut(s) upon sensitive areas of basic first amendment freedoms,' it 'operates to inhibit the exercise of (those) freedoms'. uncertain meanings inevitably lead citizens to '"steer far wider .....
Tag this Judgment!Court : Supreme Court of India
..... from the dignity and worth inherent in the human person. human rights and fundamental freedoms have been reiterated in the universal declaration of human rights. democracy, development and respect for human rights and fundamental freedoms are interdependent and have mutual reinforcement. the human rights for women, including girl child are, therefore, inalienable, integral ..... for state action, as 355 distinguished from motive inducing from the antechamber of the mind, is not legitimate and relevant but is extraneous and outside the area of permissible considerations, it would amount to mala fide exercise of power and that is hit by articles 14 and 16. mala fide exercise of power ..... been so, legislation would not have been required on the subject. it is therefore clear that the practice of talaq-e-biddat was not limited to certain areas, but was widespread.143. we have also extracted in the submissions advanced by learned counsel representing the rival parties, hadiths relied upon by them, to .....
Tag this Judgment!Court : Delhi
..... projects or activities specified therein shall require prior environmental clearance from the concerned regulatory authority. admittedly, the building and construction projects, townships and area development projects are also covered by the said notification thereby making it mandatory to obtain prior environmental clearance as provided therein.133. the challenge in ..... cases to which general condition is applicable has been specifically mentioned in column (5) against each project/activity. in case of building/constructions projects/area development and township projects, there was no mention of applicability of general condition. moreover, in the comments offered by the director, moef regional office, ..... . w.p.(c) no.2924/2014 i) the application of tata hdcl was rightly considered by seiaa, punjab since building/construction projects, area developments and township projects fall under the competency of state environment impact w.p.(c) nos.2924/2014 & 2999/2014 page 21 of 169 assessment .....
Tag this Judgment!Court : Supreme Court of India
..... arbitration agreement is the foundation of arbitration as it records the consent of the parties to submit their disputes to arbitration.85 in bihar state mineral development corporation v. encon builders,86 this court enlisted the essential elements of an arbitration agreement as follows: a. there must be a present or ..... from the underlying contract. g. the doctrine of competence-competence 115. the doctrine of kompetenz-kompetenz (also known as competence- competence), as originally developed in germany, was traditionally understood to imply that arbitrators are empowered to make a final ruling on their own jurisdiction, with no subsequent judicial review ..... legal and economic requirements. in the meanwhile, the united nations commission on international trade law54 adopted the model law in 1985 to foster the development of a unified legal framework for the fair and efficient settlement of disputes arising in international commercial arbitration. the general assembly of the united nations .....
Tag this Judgment!Court : Supreme Court of India
..... such acquisitions and court has to thwart all such attempts at threshold and not to receive such cases even for consideration for a moment. we see development has taken place in the area that has been acquired, there have been several rounds of litigation which have been lost by landowners even up to this court; thereafter some persons are ..... been if this court would not have protected them by issuing interim orders . all that the state government is demanding from the appellants is the price of the minor minerals. rent, royalty or tax has already been recovered by the state government and, therefore, there is no demand under that head. no penal proceedings, much less any criminal ..... court to pass the interim orders, they would not have been entitled to operate the mining leases and to raise and remove and disposed of the minerals extracted. but for the interim orders passed by this court, there is no difference between the appellants and any person raising, without any lawful authority, any .....
Tag this Judgment!Court : Delhi
..... climate of the locality, necessity to prevent exploitation having regard to the absence of organisation amongst the workers, general economic condition of the industrial development in the area, adequacy of wages paid, and earnings in other comparable employments and similar other matters would have to be taken into account. manifestly the ..... the necessity to prevent exploitation of the labour having regard to the absence of organization amongst the workers; general economic condition of the industrial development in the area; adequacy of wages paid and earnings in other comparable employments as well as other relevant matters. wp(c) 5217/2017 & connected matters ..... . on the same aspect, our attention has been drawn to the pronouncement of the supreme court reported at air1960sc1068: (1960) 3 scr476 madhya pradesh mineral industry association, nagpur vs. regional labour commissioner (central), jabalpur & ors. which was concerned with a challenge to the validity of a notification dated 30th .....
Tag this Judgment!