Court : Mumbai
Reported in : 1999(1)BomCR455
..... general has stated that the government is not going to permit any developer to violate the statutory provisions of the indian forests act, 1927, forest conservation act, 1980 and the maharashtra felling of trees act. it is stated that the state government is not going to permit any reduction of forest cover. however, the learned ..... legislation to prevent adverse impact on the environment, which is in the surrounding of the tourist spot.'the author has also suggested an integrated approach for preserving forest cover after taking into consideration the ecological and economic needs of the society. in the present case considering all this and provisions of art. ..... confining tourism activities around lakes to well defined areas and locations would ensure ease in the provision of organised facilities and would also help in the preservation of environment and prevention of pollution of the lakes. clause 6.5.2 refers to development control rules for tourism development. it mentions about permissible .....
Tag this Judgment!Court : Karnataka
Reported in : 2009(4)KCCR2566(D.B)
..... consumerism, whereas sustainable development, as coined by world commission on environment and development, which is also known as 'brundtland commission', ensures to preserve the natural resources for the next generations also. while economic growth and protection of environment are considered contrary in nature, the sustainable development aims ..... if it is a unique type of forest or an endangered type of biosphere.(d) mining activity being, undisputedly, very deleterious activity for preserving and conserving forest, mining activity should be totally avoided in forest areas;(e) conserving forest can also achieve the object of conserving the ..... act and the rules framed thereunder, and the same cannot be lightly disregarded by this court.17.45. we are also satisfied that the learned single judge has failed to take into consideration the conditions to be imposed while granting the mining lease in the forest land for non-forest purpose, viz,(i) the lessee shall plant twice the number of trees .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC1804; JT1993(2)SC1; 1993(1)SCALE489; 1994Supp(1)SCC324; [1993]1SCR891
..... was expressly provided in para 5 of the tripartite agreement of may 8, 1973 and section 7(2) of the government of sikkim act, 1974. clause (f) of article 371-f seeks to preserve the said protection which was envisaged by clause (5) of the tripartite agreement because it also provides for protecting the rights and interests of ..... development of the people of sikkim and that the sangha seat was introduced in order to provide for the representation of a section which was responsible for the preservation of the basic culture of the sikkimese bhutias and lepchas including some sections of the nepali community of sikkim who are budhists. it has been submitted that ..... other basic civil and political rights, any allege infringement of the right of citizens to vote must be carefully and meticulously scrutinized.legislators represent people, not trees or acres. legislators are elected by voters, not farms or cities or economic interests. as long as ours is a representative form of government, and our .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1992SC522; JT1991(4)SC361; 1991(2)SCALE1049; [1991]Supp2SCR497
..... in session and the governor of karnataka is satisfied that circumstances exists which render it necessary for him to take immediate action, for the protection and preservation of irrigation in the irrigable areas of the cauvery basin in karnataka dependent on the water of cauvery river and its tributaries.now, therefore, in exercise ..... karnataka cauvery basin irrigation protection ordinance, 1991' which reads as follows:an ordinance to provide in the interest of the general public for the protection and preservation of irrigation in irrigable areas of the cauvery basin in karnataka dependent on the waters of the cauvery river and its tributaries.whereas the karnataka legislative council ..... river valley and does not, therefore, step on the toe of entry 17. what the ordinance (now act) seeks to do is to impose by section 3 a duty on the state government to protect, preserve and maintain irrigation from cauvery waters in the irrigable areas falling within the various projects specified in the .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(5)ALLMR366; 2009(1)BomCR179
..... their prior approval or work under their dictation. according to the petitioners, even the apex court while appointing the administrators has therefore, made cautious observation so as to preserve the independence and rights of the board of trustees. the apex court in its decision dated 26th march, 2007 in civil appeal no. 1575 of 2007 between ( ..... to the trust without prior approval of the administrators appointed by the apex court is completely opposed to the scheme of not only section 41-d of the act but to the cardinal principle of conducting the affairs of the trust which necessarily is the prerogative of the trustees themselves. it was argued that the court ..... no. 1, the entire grievance of the petitioners in the present petition is one of non compliance of principles of natural justice and that the authority has acted contrary to the legal requirement which grounds are ascribable to article 226 of the constitution of india. in such a situation, the petition would necessarily lie on the .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(2)ALLMR717; 2007(1)BomCR417
..... circulate the guidelines laid down by the apex court in vishaka and ors. v. state of rajasthan and ors. reported in : air1997sc3011 for the preservation and enforcement of right to gender equality of working women in all the educational institutions, universities, public trusts and such other similar institutions, by ..... bank accounts, withholding government aid, if any, taking over management of the school, appointment of administrator, initiation of appropriate proceedings under bombay public trusts act,1950 against the trustees, derecognition of the college or school, and determination of payment of compensation to the victims by the perpetrators etc, as also ..... of such a committee should be submitted to the joint charity commissioner, aurangabad, if inculpatory, for the purpose of action under section 41d of the bpt act, against mr. rangnath jadhav, whereupon, the joint charity commissioner, aurangabad, should take suo-motu action under the said provisions. the committee should complete .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(4)BomCR799; (2007)109BOMLR677; 2007(119)ECC403; 2007LC403(Bombay)
..... the appellants before the appellate officer the location of his office was described thus:in the court of the appellate officer, under the evacuee interest (separation) act, 1951. ministry of rehabilitation, government of india, dilaram place, mussoorie.in the order of the appellate officer, the said officer is described thus:shri ..... the territorial jurisdiction of different high courts.28. the delhi high court was pleased to notice that jurisdiction of different officers under the customs act is determined by reference to the nature of powers and functions conferred upon them and not necessarily by residence but by reference to the location ..... territorial jurisdiction of this court to entertain and try the application in question. secondly, relating to the tenability of this application under section 130a of the act. it has, therefore, become necessary to first decide the preliminary objections before proceeding to hear the application on merits.facts:3. the respondent-importer pursuant .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(5)BomCR25; 2008(131)ECC102; 2008(157)LC102(Bombay); 2008(230)ELT22(Bom)
..... specific prejudice is caused to the assessee by the commissioner (preventive) exercising the powers of search, seizure and adjudication. referring to section 122 of the customs act, it is submitted that every case under chapter 14 dealing with confiscation of goods, etc., in which anything is liable to confiscation or any person is ..... beyond territorial waters, that is to say, into the contiguous zone and the continental shelf, subject to the limitations imposed as per the maritime zones act, 1976 and the notifications issued by the ministry of external affairs and the ministry of finance. it is submitted placing reliance on the maharashtra state ..... designated locations in the exclusive economic zone (eez), no such concurrent jurisdiction exists or has been conferred as seen from the notification issued under the customs act, 1962. the preliminary objection as to want of jurisdiction, therefore, was upheld. the other contentions were considered and disposed off. it is revenue who has .....
Tag this Judgment!Court : Rajasthan
Reported in : [2002]111CompCas471(Raj); 2001(1)WLC469; 2003(1)WLN594
..... principle, in our view, has no application to the case on hand. the said principle essentially applies to the powers delegated by the legislature under the enabling act and not the contractual matter or powers. in the instant case, the managing director has only delegated and authorised the person concerned to take necessary steps in the ..... have been dismissed by the election tribunal. it was urged that there was no non-compliance with the provisions of sec. 83 of the representation of people act, 1951, in as much as, the affidavit in respect of the corrupt practices which accompanied the election petition was neither properly made nor in the prescribed form ..... of a company shall be deposed only by a director, secretary, or principal officer of the company. inviting our attention to sec. 2(3) of the companies act, which defines the expression 'principal officer' and this expression seeks to confine its applicability to only the persons holding the post of a director, secretary or manager .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(1)ALT113
..... the scheme floated by the board of industrial and financial reconstruction ( for short 'bifr') in terms of the provision of the sick industrial companies (special provisions) act, 1985 (for short 'sica' herein is possible is the core question involved in these appeals.314. bifr exercises its jurisdiction under a statute; the objects where ..... stand has been taken as present writ petition is misconceived one and not maintainable in law in view of the express provisions of section 32 of the act, which stipulates that provisions of sica and the schemes made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law, except the ..... procedural irregularities as such had been raised even in the writ petition. the learned counsel pointed out to section 18(5) to (9) of the act and also regulations referred to supra and explained different proceedings and also further explained that the powers of aaifr being limited while dealing with appeals the appellate .....
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