Judgment Search Results Home > Cases Phrase: the bengal embankment act 1866 Page 7 of about 882 results (0.194 seconds)

Pasupati Roy Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : AIR1974Cal99,77CWN157

..... 1948 under the provisions of which the fishery could have been requisitioned and if the fishery was requisitioned under this statute the appellant would have got larger compensation, and would have been entitled to a reference to the court on the question of compensation, in the event of disagreement between the collector and the owner under section 7(4)(iii) of the west bengal land (requisition and acquisition) act, 1948. ..... (ii) where the collector and the person interested do not agree as to the compensation, or where the person interested cannot be traced or does not appear before the collector when called upon to be present for the purpose of the determination of the compensation, the compensation to be determined by the collector shall include the amount calculated for the period of requisition of the fishery or land at the rate of net average annual income from such fishery or land and the amount which the collector considered necessary to compensate the persons interested for any damage referred to in clause ..... 15,000/-in repairing embankment and in clearing weeds. .....

People United for Better Living in Calcutta-public and Another Vs. Sta ...

Court : Kolkata

Reported in : AIR1993Cal215,97CWN142

..... the marshes slow down the speed of the water flowing from the streams to the rivers -- this delay gives the river the much required time to adjust to the various tides : but with the removal of the wetlands, the water from the streams will start flowing faster onto the rivers and the rivers, not being able to adjust, will flood the surrounding areas. ..... us after a certain degree of its destruction and it will in any event, have its toil on the lives of the people : can the present-day society afford to have such a state and allow the nature to have its toll in future - the answer shall have to be in the negative : the present day society has a responsibility towards the posterity for their proper growth and development so as to allow the posterity to breathe normally and live in a cleaner environment and have a consequent fuller development : time ..... gradually with diversion of city sewage, premature reclamation by building embankments for the then existing salt water fisheries and with silting up of the river, these marshes became stagnant and ceased to be saline (ghosh & sen, 1987). ..... mangrove wetlands on india and bangladesh act as buffers against devasting stroms of the bay of bengal. .....

Pronab Kumar Mukherjee and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : AIR1975Cal275

..... tank fisheries which are retained by the petitioners within the ceiling permitted by the west bengal estates acquisition act cannot be acquired under a law which does not provide for payment of market value as compensation.8 the learned government pleader, appearing on behalf of the respondents, has not disputed the fact that section 7 of the said act does not provide for payment of adequate compensation when compared to the compension provided for by the land acquisition act nor has he disputed the position that section 7 is an inseverable part ..... of the statute so that if that section be struck down the ..... records though it is claimed that at one point of time the fishery was limited to an area of 57.3 acres but it has been extended to cover agricultural lands measuring 186.17 acres and 5.15 acres constitute bandh (embankment), khal (canal) and doba (small ponds).4. .....

Ncc Limited Vs. State of West Bengal and ors

Court : Kolkata

..... ,advocate mr.s.ghosh,advocate mr.s.basu,advocate mr.s.k.chakraborty,advocate for state : mr.samrat sen,advocate mr.p.sinha,advocate mr.mainak bose,advocate the court : this matter was mentioned in the morning to seek a leave to move at 2 p.m.as unlisted matter and upon leave being granted in this regard, the matter is taken up at 2 p.m.in this application under section 9 of the arbitration and conciliation act, 1996, the petitioner prays for an interim order restraining the respondents from taking steps to invoke the bank guarantee. ..... this court, therefore, does not find that a prima facie case has been made out or the balance of convenience and inconvenience lies in favour of granting an injunction and also does not find any irreparable loss and injury in not passing ad-interim order of injunction ..... the particulars as given in the application relating to the fraud prima facie appears to have been made for breach of the contract which cannot ordinarily be attributed as an element of fraud for which the court should exercise its power in granting the injunction against the invocation of the bank guarantee and ..... the petitioner was awarded a contract for reconstruction, remodelling and improvement of the embankment at sundarban and adjoining areas in the district of north and ..... order sheet a.p.no.77 of 2014 in the high court at calcutta ordinary original civil jurisdiction original side ncc limited versus state of west bengal & ors before: the hon'ble justice harish tandon date : .....

National Highways Authority of India vs.bsc-rbm-pati Joint Venture

Court : Delhi

..... the arbitration & conciliation act, 1996 (act) challenging the award dated 10th october, 2014 as well as a further order dated 22nd january, 2015 passed by the arbitral tribunal (at) modifying the said award in the disputes between the nhai and bsc-rbm-pati joint venture (hereafter referred to as the ..... the issue concerned the removal of unsuitable material at embankment foundation and disposal as per direction of the ..... the nhai that in the present petition, nhai does not challenge the award in respect of counter claim no.2 sub claim no.1 and has partially challenged the award to the extent it is against the ..... the conduct of the parties throughout the long period of three years of execution of the work the inevitable conclusion is that both parties understood that payment for the ..... the employer from the amount certified by the ..... the majority noted the contention of the contractor that it had received payments at the rates decided by the engineer for more than two years and under clause 2.1 of the gcc such approval by the ..... the dissenting award of one of the members of the at in support of the submission that it would be against the ..... the case of the nhai, on the other hand, was that the removal of the unwanted material was covered under clause 58.2 read with clause 52 of the contract agreement and clause 2.1 of the ..... the nhai was unable to point out why the above determination by the majority of the at suffered from any legal infirmity attracting any of the grounds under section 34 of the act .....

Loknath Pal and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : 2007(1)CHN20

..... the fisheries department shall also complete their proceedings in pursuance of section 17a of the west bengal inland fisheries (amendment) act, 1993 under which the notices have been given to the respondents and the proceedings shall be completed as early as possible but not beyond ..... district north 24-parganas without any further delay and to take steps in accordance with law for preservation of any further conversion of the said pond forthwith;(b) a writ of/or in the nature of mandamus commanding therespondent, its men, agents, subordinates to restore the pond and its embankment measuring 1 (one) acre 53 (fifty-three) satak situated in mouza no. ..... , direct that the district magistrate, who had not been made a party, shall immediately enquire into the matter and so also the pradhan would act in terms of section 23 of the west bengal panchayat act. ..... is reiterated that the respondents, thereafter, applied for the sanctioned plan for construction of a shop room on the bank of the tank and accordingly simulpur gram panchayat sanctioned the building plan and on the basis of such sanctioned plan, a shop room was constructed on the bank of the tank in question ..... the petitioner relied on section 17a(1) of the west bengal inland fisheries (amendment) act, 1993; wherein it is suggested that no water area measuring 5 cottahs or 0.035 hectare or more, which retains water for a minimum period of six months in a year can be converted into solid land for the purpose of construction of any building .....

Aunar Ali and ors. Vs. Jebar Mulluk Chowdhury and ors.

Court : Kolkata

Reported in : AIR1939Cal338

..... the section in question is in these terms:notwithstanding anything in any other act, where in any suit in respect of any money lent by a money-lender before the commencement of this act it is found that the arrears of interest amount to a sum greater than the principal of the loan, the court, unless it is satisfied that the moneylender had reasonable grounds for not enforcing his claim earlier, shall limit the amount of such interest recoverable in the suit to an amount equal to the principal of the loan.3. ..... behalf of the plaintiff that the case was governed by section 4, bengal money-lenders act (bengal act 7 of 1933). ..... no doubt, if this matter had been before the commissioner, it would have been quite enough for the plaintiff to show that the act was in force at the time when the final decree was passed. ..... the point under section 4, bengal money-lenders act (bengal act 7 of 1933) has not been finally decided, and leave to appeal under section 15, letters patent, is refused. ..... 53-6-0 which was found to have been incurred in the repairing of a certain embankment in the year 1260, m.e. ..... this view found favour with both the courts below, and in the accounting the interest allowed to the appellants has been limited to the sums actually paid to discharge the two mortgages. ..... there was therefore no reason whatever why they should institute a suit to enforce the claim and, had they done so, they would have met with the objection that the terms of the bond prevented them from doing so. .....

Subodh Kumar Mitra and anr. Vs. the Revenue Officer and ors.

Court : Kolkata

Reported in : AIR1974Cal94,77CWN410

..... the embankments that were set up were set up after the west bengal estates acquisition act came into effect in order to convert the lands into tank fisheries and evade the ceiling of lands allowed to be retained ..... this rule was issued on a writ petition wherein the two petitioners, challenging the validity of a series of notices under section 44(2a) of the west bengal estates acquisition act (hereinafter referred to as the said act) issued by the revenue officer 'c' camp baraset, have prayed for quashing the several proceedings initiated on such notices. ..... thesebeing tank fisheries within the meaningof section 6(1)(e) of the said act theyare entitled to retain the entire area andthey exercised their option accordingly.in the revisional survey records prepared under the provisions of the said actmost of the plots appertaining to thesekhatians were recorded as gheri mach chas or in other words as tank fisheries.such was the entry in the finally published record of rights ..... mukherjee has next contended that when the petitioners' returns had already been accepted and when they had been allowed to retain these plots as tank fisheries on assessment of rent thereof under the provisions of the said act, it was no longer open to the revenue officer to initiate any proceeding under section 44(2a) ..... it is thus claimed by the revenue officer that the impugned proceedings under section 44(2a) of the act were initiated on a prima facie satisfaction that the classification of the plots is erroneous. .....

Ahindra Nath Mukhopadhyaya and ors. Vs. Manmatha Nath Kurmi and ors.

Court : Kolkata

Reported in : AIR1973Cal168,77CWN129

..... for pisciculture or for fishing), where the right of pisciculture or fishing is, at the date of vesting under the west bengal estates acquisition act, held under a lease from the owner intermediary, section 6(2) proviso of the act will have any application, and, if so, what will be its effect and what will be the rights of the particular intermediary and the particular lessee in respect of the said tank fishery including the right of pisciculture or fishing under the relevant provisions of this statute, namely, ..... and 5, an intermediary shall, except in the cases mentioned in the proviso to sub-section (2) but subject to the other provisions of that sub-section, be entitled to retain with effect from the date of vesting- (e) tank fisheries; explanation:-- 'tank fishery' means a reservoir or place for the storage of water, whether formed naturally or by excavation or by construction of embankments, which is being used for pisciculture or for fishing, together with the sub-soil and banks of such reservoir ..... or place, except such portions of the banks as are included in a homestead or in a garden or orchard .....

Executive Officer, Digha Planning Authority Vs. M/S. Hotel Sea Gull an ...

Court : Kolkata

Reported in : AIR1994Cal95,98CWN885

..... 46 of the act would, therefore, be all the more obligatory for any development within the notified area for giving effect to such zoning and sub-division regulations, if any, and for giving effect to the scheme of the act which has been enacted 'to provide for the planned development of the rural and urban areas in west bengal and for matters connected therewith or incidental thereto'. ..... and provide for amenities in hill areas and coastal areas and such other issues as may be considered appropriate by the authority. ..... 31(4)(d) of the act provides that outline development plan (in terms thereof) may also:--'(d) includes regulations (hereinafter called zoning and sub-division regulations) to control within each zone the location, height, number of storeys and sue of buildings and other structures, the size of yards, courts and other open spaces and the use of buildings, structures and land and sub-division of land and the street alignments, set back distances, embankment, constructional activities destroying natural scenic beauty .....