Court : Delhi
..... the tariffs now prevailing being lowest in the world. (v) such telecom services provided by the private players have contributed tremendously to the socio economic development of india and has brought the rural areas of the country, till now un- connected to the rest of the country, into the mainstream. (vi) the cellular towers carry the cellular ..... (para 38) on difference between tax, fee and a compensatory fee and the difference between taxing and regulatory power. (b) m. chandru v. member-secretary, chennai metropolitan development authority (2009) 4 scc 72 (para 24) laying down that in the case of fee, the principle of quid pro quo applies. (c) gupta modern breweries v. state ..... a state of affairs that did not then exist is no argument against that construction. parliament, in the wording of an enactment, is expected to anticipate temporal developments. the drafter will foresee the future and allow for it in the wording. an enactment of former days is thus to be read today, in the light .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... their lordships held at paragraphs 48, 49, 50 and 51 that power of relaxation as was there in rule 39 has to be exercised for mineral development and in public interest after recording reasons therefor and such exercise of power must exhibit reasonableness of state action. it was further held that it ..... (b) transmission of electricity ; (c) wheeling of electricity; (d) retail sale of electricity. provided that in case of distribution of electricity in the same area by two or more distribution licensees, the appropriate commission may, for promoting competition among distribution licensees, fix only maximum ceiling of tariff for retail sale of electricity. ..... combustion causing accumulated heaps of coal to catch fire of their own, surface moisture getting evaporated due to larger travel distance and larger exposed surface area and pilferage. the appellant has adopted the best possible methods to minimize these losses. it is, however, impossible to completely eliminate such losses, thereby .....
Tag this Judgment!Court : Supreme Court of India
..... various competent authorities. vide annexure j to the application for environmental clearance, we find approval being granted under section 5(1) of the mines and minerals (regulation and development) act, 1957. along with the application for environmental clearance m/s. lmmpl also forwarded to moef rapid eia of limestone mine prepared by environmental resources ..... of chief conservator of forests (c) dated 1.6.2006 addressed to the moef in which it was stated that the mining lease area around the developed benches has been found surrounded by thick natural vegetation cover with sizeable number of tall trees; that, the said vegetation including the trees was being ..... conditions for approvals and to impose penalties on polluters. there is one more reason for having a regulatory mechanism in place. identification of an area as forest area is solely based on the declaration to be filed by the user agency (project proponent). the project proponent under the existing dispensation is required to .....
Tag this Judgment!Court : Supreme Court of India
..... emphasised on the importance of education observing that education connotes the whole course of scholastic instruction which a person has received. education connotes the process of training and developing the knowledge, skill, mind and character of students by formal schooling. the court further relied upon the earlier judgment in osmania university teachers' assn. v. ..... essential legislative functions cannot be delegated. delegation cannot be extended to "repealing or altering in essential particulars of laws which are already in force in the area in question". (vide: re: article 143, constitution of india and delhi laws act (1912) etc., air 1951 sc 332). 30. the legislature ..... to specify that on certain data or facts being found and ascertained by an executive authority, the operation of the act can be extended to certain areas or may be brought into force on such determination which is described as conditional legislation. while doing so, the legislature must retain in its own .....
Tag this Judgment!Court : Karnataka
..... under the mines and minerals (development and regulation) act, 1957, for short mmrd act of 1957. ii) one b.n.shankar singh was granted a lease to mine iron ore in 200 acres in sy.no.1 of vyasanakere village, for 29 years, in m.l.2068 under lease deed 13.10.1958. that area, allegedly is the northern ..... the area from which the defendants were lawfully evicted on 1999. ii written statement: i) the plaintiffs averments are denied, while not admitting that k.narayanaiah was granted lease of land by the madras government and a notification issued sanctioning mining lease over 858 acres without executing a lease deed under the mines and minerals (development and ..... regulation) act, 1947 r/w mineral concession rules 1949 though the application for mining lease was for 120 acres each in sy.nos.4, 5, and 6 and 300 acres .....
Tag this Judgment!Court : Andhra Pradesh
..... to interpret the said rules, and determine which assistant director had territorial jurisdiction over the additional ramps. learned senior counsel would place reliance on punjab land development and reclamation corporation ltd., chandighar v. presiding officer, labour court, chandighar39; commissioner of income-tax v. b.r. constructions40; state of uttar pradesh ..... in protecting the river bed, has yielded to crass private commercial interests.36. ensuring strict compliance with the regulatory provisions of the a.p. minor mineral concession rules, 1966, more particularly those relating to quarrying of sand in river beds, is in larger public interest. excessive instream sand mining causes ..... 17. on the other hand learned additional advocate general would rely on g.o.ms. no.31 dated 15.02.2003 to submit that the area of operation and territorial jurisdiction of officials were clearly demarcated therein; the assistant director of mines and geology, nandigama, krishna district is the concerned .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
..... without belief in its truth, or (iii) recklessly, careless whether it be true or false. the colour of fraud in public law or administration law, as it is developing, is assuming different shades. it arises from a deception committed by disclosure of incorrect facts knowingly and deliberately to invoke exercise of power and procure an order from an authority ..... confiscated 2033 nos. of bearings imported under 29 bills of entry under section 111(d) and 111(m) of the customs act, 1962, read with foreign trade (development and regulation) act, 1992. however he gave the option to the importers to redeem the same on payment of fine totaling rs. 9.98 lakhs under section 125 of ..... nos. imported) and hold 95 nos. of bearings not seized as liable to confiscation under the provisions of 111(d) of the customs act, 1962 read with foreign trade (development andregulation) act, as also under sections 111(m) and 111(o) of the said customs act; (ii) demand differential duty totaling rs. 65,78,106/- from m/ .....
Tag this Judgment!Court : Supreme Court of India
..... by state of orissa under mines and minerals (development and regulation) act 1948 (central act), tulloch and company started working a manganese mine.the state of orissa passed orissa mining areas development fund act, 1952 under which the state government was authorized to levy a fee for development of "mining areas" in the state. after bringing these ..... act of 1957 merely imposes a duty on the central government to take steps for ensuring conservation and development of mineral resources.that, since the central government had not framed rules under the act for development of mining areas till such rules were framed, the central act of 1957 did not cover the entire field, and, ..... allowed on the ground that on the coming into force of the mines and minerals (regulation and development) act of 1957, hereinafter called the "central act of 1957", which was brought into force from 1st june, 1953 the orissa mining areas development fund act 1952 should be deemed to be non- existent.this was the .....
Tag this Judgment!Court : Kolkata
..... he also relied upon the following decisions on the subject of repugnancy/parliamentary legislation covering the field.1. kesoram industried (2004) 10 scc 201;2. offshore holdings pvt. ltd. vs. bangalore development authority & ors. reported in (2011) 3 scc 1393. trishala jain (2011) 6 scc 47;4. kanthimathy plantations (1989) 4 scc 650176. ..... to determine the amount payable to the deprived owner. the principle of average of three years net annual income received from production of the mines and minerals preceding the date of the vesting is a relevant and germane principle to fix the amount payable to the owner. comparative evaluation of different principles ..... unconstitutional because it does not provide for just compensation. he submitted that the vendor/petitioner applied to the wbidc for allotment of plot for a total area of 10 acres for setting up an ancillary manufacturing factory. the wbidc accepted these applications and issued letters of allotment to the vendor/petitioner allotting .....
Tag this Judgment!Court : Kolkata
..... he also relied upon the following decisions on the subject of repugnancy/parliamentary legislation covering the field. 1. kesoram industried (2004) 10 scc 201; 2. offshore holdings pvt. ltd. vs. bangalore development authority and ors. reported in (2011) 3 scc 139 3. trishala jain (2011) 6 scc 47; 4. kanthimathy plantations (1989) 4 scc 650 ..... to determine the amount payable to the deprived owner. the principle of average of three years net annual income received from production of the mines and minerals preceding the date of the vesting is a relevant and germane principle to fix the amount payable to the owner. comparative evaluation of different principles ..... unconstitutional because it does not provide for just compensation. he submitted that the vendor/petitioner applied to the wbidc for allotment of plot for a total area of 10 acres for setting up an ancillary manufacturing factory. the wbidc accepted these applications and issued letters of allotment to the vendor/petitioner allotting .....
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