Court : Supreme Court of India
..... ) dated 30.07.2009, as modified by their subsequent letter of the same number dated 03.08.2009, has issued directions, requiring the state/ ut governments to enclose certain evidences relating to completion of the process of settlement of rights under the scheduled tribes and other traditional forest dwellers (recognition of forest rights) act, 2006, while formulating unconditional proposals for diversion of forest land for non-forest purposes under the forest (conservation) act, 1980. ..... (d) the act envisages the recognition and vesting of forest rights in forest dwelling scheduled tribes and other traditional forest dwellers over all forest lands, including national parks and sanctuaries. ..... section 4 of that chapter deals with recognition of, and vesting of, forest rights in forest dwelling sts and other tfds. ..... chapter iii of the act deals with recognition, restoration and vesting of forest rights and related matters. ..... e) on completion of the process of settlement of rights and issue of titles as specified in annexures ii, iii and iv of the rules, the revenue / forest departments shall prepare a final map of the forest land so vested and the concerned authorities shall incorporate the forest rights so vested in the revenue and forest records, as the case may be, within the prescribed cycle of record updation. ..... chapter iv of the act deals with the authorities and procedure for vesting of forest rights. .....
Tag this Judgment!Court : Supreme Court of India
..... ) dated 30.07.2009, as modified by their subsequent letter of the same number dated 03.08.2009, has issued directions, requiring the state/ ut governments to enclose certain evidences relating to completion of the process of settlement of rights under the scheduled tribes and other traditional forest dwellers (recognition of forest rights) act, 2006, while formulating unconditional proposals for diversion of forest land for non-forest purposes under the forest (conservation) act, 1980. ..... (d) the act envisages the recognition and vesting of forest rights in forest dwelling scheduled tribes and other traditional forest dwellers over all forest lands, including national parks and sanctuaries. ..... section 4 of that chapter deals with recognition of, and vesting of, forest rights in forest dwelling sts and other tfds. ..... chapter iii of the act deals with recognition, restoration and vesting of forest rights and related matters. ..... e) on completion of the process of settlement of rights and issue of titles as specified in annexures ii, iii & iv of the rules, the revenue / forest departments shall prepare a final map of the forest land so vested and the concerned authorities shall incorporate the forest rights so vested in the revenue and forest records, as the case may be, within the prescribed cycle of record updation. ..... chapter iv of the act deals with the authorities and procedure for vesting of forest rights. .....
Tag this Judgment!Court : Allahabad
..... he also invited the attention of this court towards the notification dated 9th of june, 2008 issued by the government of india, ministry of tribal affairs, which speaks that such scheduled tribes and other traditional forest dwellers who are not necessarily residing inside the forest but are depending on the forest for their bona fide livelihood needs would be covered under the definition of 'forest dwelling scheduled tribes' and 'other traditional forest dweller' as given in section 2(c) and 2(o) of the scheduled tribes and other traditional forest dwellers (recognition of forest rights) act, 2006. ..... (1) notwithstanding anything contained in any other law for the time being in force, and subject to the provisions of this act, the central government hereby recognises and vests forest rights in- (a) the forest dwelling scheduled tribes in states or areas in states where they are declared as scheduled tribes in respect of all forest rights mentioned in section 3; (b) the other traditional forest dwellers in respect of all forest rights mentioned in section 3. (2)........... (3)........... (4).......... ..... though the petitioners have pleaded their right as is saved under chapter ii titled as forest rights under the forest rights act, 2006, but since they are not able to establish them either as the forest dwelling scheduled tribes or the other traditional forest dwellers, it is needless to discuss the forest rights in their context as is provided under the forest rights act, 2006. 41. .....
Tag this Judgment!Court : Jharkhand
..... . learned counsel for the petitioner submitted that all statutory clearances has been obtained by the petitioner; environmental clearances has been granted on 13.04.2011 by the ministry of environmental and forest vide annexure-9 whereas the department has granted temporary working permission on 06.02.2004 (annexure-10); forest clearance has been granted on 03.08.2009 (annexure-10/1); petitioner has also obtained certification of competent authority under the scheduled tribes and other traditional forest dwellers (recognition of forest rights) act, 2006 on 15.02.2012 and 20.01.2014 (annexures-11 and 11/1) ..... petitioner has also complied with the provisions of scheduled tribes and other traditional forest dwellers (recognition of forest rights) act, 2006, as per certificate dated 12.01.2011 (annexure-12) issued by the competent authority. ..... . in the light of the aforesaid pronouncement rendered by the apex court in the case of goa foundation (supra), while dealing with the matter relating to mining in the state of orissa raised by the petitioner common cause through the writ petition no ..... . reference may be made to the provisions of chapter-iii of m.c.d.r ..... though state is the owner of the mineral deposits in the land which vest with the government, but the parliament has, by reason of the declaration made in section 2 of the m.m.d.r. ..... (amendment) act, 2015 has restored this power to the central government. .....
Tag this Judgment!Court : Jharkhand
..... . learned counsel for the petitioner submitted that all statutory clearances has been obtained by the petitioner; environmental clearances has been granted on 13.04.2011 by the ministry of environmental and forest vide annexure-9 whereas the department has granted temporary working permission on 06.02.2004 (annexure-10); forest clearance has been granted on 03.08.2009 (annexure-10/1); petitioner has also obtained certification of competent authority under the scheduled tribes and other traditional forest dwellers (recognition of forest rights) act, 2006 on 15.02.2012 and 20.01.2014 (annexures-11 and 11/1) ..... petitioner has also complied with the provisions of scheduled tribes and other traditional forest dwellers (recognition of forest rights) act, 2006, as per certificate dated 12.01.2011 (annexure-12) issued by the competent authority. ..... . in the light of the aforesaid pronouncement rendered by the apex court in the case of goa foundation (supra), while dealing with the matter relating to mining in the state of orissa raised by the petitioner common cause through the writ petition no ..... . reference may be made to the provisions of chapter-iii of m.c.d.r ..... though state is the owner of the mineral deposits in the land which vest with the government, but the parliament has, by reason of the declaration made in section 2 of the m.m.d.r. ..... (amendment) act, 2015 has restored this power to the central government. .....
Tag this Judgment!Court : Jharkhand
..... . learned counsel for the petitioner submitted that all statutory clearances has been obtained by the petitioner; environmental clearances has been granted on 13.04.2011 by the ministry of environmental and forest vide annexure-9 whereas the department has granted temporary working permission on 06.02.2004 (annexure-10); forest clearance has been granted on 03.08.2009 (annexure-10/1); petitioner has also obtained certification of competent authority under the scheduled tribes and other traditional forest dwellers (recognition of forest rights) act, 2006 on 15.02.2012 and 20.01.2014 (annexures-11 and 11/1) ..... petitioner has also complied with the provisions of scheduled tribes and other traditional forest dwellers (recognition of forest rights) act, 2006, as per certificate dated 12.01.2011 (annexure-12) issued by the competent authority. ..... . in the light of the aforesaid pronouncement rendered by the apex court in the case of goa foundation (supra), while dealing with the matter relating to mining in the state of orissa raised by the petitioner common cause through the writ petition no ..... . reference may be made to the provisions of chapter-iii of m.c.d.r ..... though state is the owner of the mineral deposits in the land which vest with the government, but the parliament has, by reason of the declaration made in section 2 of the m.m.d.r. ..... (amendment) act, 2015 has restored this power to the central government. .....
Tag this Judgment!Court : Mumbai
..... others: (i) refrain from doing anything which would prevent, delay or inhibit completion of the transaction; (ii) use all reasonable endeavours to ensure completion of the transaction is achieved as soon as practically possible; (iii) waive rights it has or claims to have in respect of certain matters including those related to the transaction; and (iv) terminate certain agreements, alleged agreements and understandings relating to the relationship connected to hutchison essar, in consideration, upon completion of the transaction, the company agreed to make scheduled ..... rights emanate from the holding of shares including principally (i) the right to vote at a general meeting; (ii) the right to requisition an extra-ordinary general meeting; (iii) the right to receive a notice of a general meeting; (iv) the right to appoint a proxy and inspect a proxy register; (v) in the case of a body corporate which is a member of the company, the right to attend a general meeting on its behalf; (vi) the right to receive dividend; and (vii) the right to require the company to 12 volume 2 chapter ..... vested in them the power of controlling by votes, the decisions which will bind the company in the shape of resolutions passed by the shareholders in general meeting" and the fact that a vote carrying share was vested ..... traditional, if even conservative role, by following precedent, maintaining interpretational discipline and ..... recognition ..... and 556 of the 1988 act provided that where a person who is 48 (2006 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1
..... rights conferred on the citizens or individuals under part iii, as in the case of incorporation of clause 4 in article 15 to benefit the backward classes and scheduled castes and scheduled tribes and the amendment of article 19(2) with a view to maintain effectively public order and friendly relations ..... admit of no qualification whatever and that it would be an elementary common place that in the eye of the law the legislative document or documents which defined it occupied precisely the same position as the dog act or any other act, however humble its subject matter and that the so called ..... "that the ownership, control and management of the natural resources of the country in the shape of mines and minerals, wealth, forests, rivers and flowing waters as well as in the shape of the seas along the coast of the country shall be vested in and belong to the country collectively and shall be exploited and developed on behalf ..... human rights provides:in the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order ..... article 54, article 55, article 73, article 162 or article 241, or (b) chapter iv of part v, chapter v of part vi, or chapter i of part xi, or (c) any of the lists in the seventh schedule, or (d) the representation of states in parliament, or (e) the provisions .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2010)157PLR413
..... other than stated above under section 48(1) of the act under exceptionally justifiable circumstances for the reasons to be recorded in writing.report of the chief secretary dated 10.2.2009 :within the framework of the act of 1975, the government has from time to time formulated several policies which inter alia also relate to issues pertaining to acquisition of land under the land acquisition act, 1894 and ..... and effect of release has been put in issue and stayed and prima facie view has been expressed that such release itself is liable to be quashed and land is liable to be restored to the state to be disposed of by public auction so that loss caused to the state and ..... right of making and enforcing the law is vested in the same man or one and ..... scheduled roads and controlled areas restrictions of unregulated development act, 1963 (in short, 'the 1963 act') and haryana development and regulation of urban areas act, 1975 (in short, 'the 1975 act ..... fundamental right would, however, be given express recognition as a legal right, provisions ..... and therefore, in the matter ..... of the act as under:3(f) - the expression 'public purpose' includes -(i) the provision of village sites, or the extension, planned development or improvement of existing village sites;(ii) the provision of land for town or rural planning;(iii) the provision of land for planned development of land from public funds in pursuance of any scheme or policy of government and subsequent disposal ..... traditional ..... chapter vii of the act ..... 2006 .....
Tag this Judgment!Court : Supreme Court of India
..... act, 1939, which in consolidating and amending the law relating to agricultural tenancies and other matters connected therewith in agra and oudh, dealt with matters within the exclusive legislative competence of the provincial legislature under item 21 of list 11 of the seventh schedule to the government of india act, 1935, was intra vires the provincial legislature notwithstanding that admittedly some of its provisions cut down the absolute rights ..... falls under part vi, chapter iii, ranging from articles ..... constitutional provisions is a recognition of the doctrinal principle that all constitutional power vesting in the organs of ..... (2006) 7 scc1 held that india is not a federal state in the traditional sense of the term and it is not a true federation formed by agreement between various states and it has been described as quasi-federation and similar ..... within the meaning of entry 52 of list ii have, on the other hand similarly contended that the compensatory tax theory is bereft of any legal basis and that the decision in atiabari and automobile cases (supra) need to be revisited to restore and protect the sovereign power of legislation of the states and the federal character of our polity. ..... clause 3 provides to regulate commerce with foreign nations and among the several states and with the indian tribes; part xiii of the constitution has not adopted the american model and the interpretation on the commerce class ..... rivers and dense forests, ..... of ownership than the dweller within .....
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