Court : Kolkata
Reported in : 2004(3)CHN661
..... registered.2. the following facts are not in dispute.3. the assistant wild life warden, wild life division no. 1, port blair filed a petition under section 50(4) of the wild life (protection) act, 1972 before the court of chief judicial magistrate, port blair, thereby indicating the petitioner for violation of the provisions of wild life (protection) act, 1972 on the allegation that he was unlawfully carrying/transporting some of the ..... schedule i wild life articles.4. by the said application, the complainant prayed for keeping on record .....
Tag this Judgment!Court : Kolkata
Reported in : 2006(4)CHN693
..... found that 41 sharks, of which 40 were gangetic shark and one guitar shark, which have been earmarked as 'schedule-1 part iia' animals as per the wild life (protection) act, 1972, were kept in the vessel. the forest officers directed the persons present in the vessels to produce valid document for possession of such animals but they failed ..... court.4. on the basis of such complaint, case no. c-3108/2005 was registered under sections 9, 39, 44, 49b and 51(1) of the wild life (protection) act, 1972 against sri gurupada das and 13 (thirteen) others. the prosecuting agency sught for permission of the learned court for burial of the 40 sharks since the same ..... cr. lj 3660, submitted that the power of return under the indian forest act was expressly removed by omitting sub-section (2) of section 50 of the indian forest act. it was held that in contrast with the provisions of the wild life (protection) act, the forest act does not contain a similar provision that the vehicle involved in the offence .....
Tag this Judgment!Court : Kolkata
Reported in : 2006(2)CHN448
..... piscatar) and dhaman or rat snake (plyas mucosus) were inserted in entries 8 and 9 of schedule ii of the wild life (protection) act, 1972 by notification dated 24.11.86 issued by the ministry of environment and forests (department of environment, forests and wild life) and on the date of alleged interception of the truck on 16.7.80 and physical examination on 17.7 ..... , whether checkered keelback snake (xenochrophis piscatar) and dhaman or rat snake (plyas mucosus) were inserted in the schedule of wild life (protection) act only in 1986 or the said items do not find place in chapter 41 of the act is quite immaterial. accordingly, in view of the said specific provision, the above contention of the learned counsel for the petitioners does not at all .....
Tag this Judgment!Court : Kolkata
Reported in : 2006(3)CHN655
..... p.263. following the same principles the supreme court in the state of bihar v. murad all khan : 1989crilj1005 held that the provision of section 55 for wild life protection act is andatory in nature since the said section starts with the expression 'no'.33. in so far as provisions are made imposing a public duty on certain public ..... clause 21 is in the nature of jurisdiction under parens patriae. this is a jurisdiction which emanates from the inherent authority of the state to protect public interest and give protection to members of the public in an area where they need it. therefore to hold that just on the expiry of the 3 months the ..... characteristics. while monitoring the activities of m.r. dealers individually, such power which is exercised is that of a benevolent state, akin to parens patriae, where he protects the interest of the general public in getting essential supplies. at the same time, when he exercises his power against the dealers charged with irregularities, the power is .....
Tag this Judgment!Court : Kolkata
Reported in : 1987CriLJ1506
..... significance as the learned magistrate has ultimately passed the order for return of the ambergris to the o.p. in terms of the provision of section 50(4) of the wild life protection act. however as i am inclined to send them back for further proceeding before the learned c.j.m. i do not think that it is necessary now intervening the ..... the learned a.p.p. was not based on the thorough knowledge of the subject. since this decision if ambergris is a trophy or uncured trophy within the meaning of wild life protection act has implication, i do not feel it just and proper to come to a decision relying only on the concession made by the learned a.p.p. particularly when ..... the question of the return of the ambergris to the o.p. he found that the ambergris in question has been produced before him u/s. 50(4) of the wild life protection act. accordingly he is competent to pass an order on this. learned magistrate referred to his earlier order in misc. case no. 3/85 and directed return of the seized .....
Tag this Judgment!Court : Kolkata
Reported in : 2006(1)CHN241
..... constitution of india was a step in that direction. article 48a postulates that 'the state shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.' similarly, article 51a(g) lays down that it is the duty of every citizen of ..... india 'to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures.' therefore, though articles 48a and 51a(g) come within the ..... directive principles of state policy and fundamental duties respectively which are not legally enforceable, courts should not and cannot shirk its responsibility from intervening if occasion so arises.31. the post forty-second amendment era saw a number of legislations being enacted -- environment (protection) act .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2005Cal278,2005(2)CHN554
..... the petition under article 227 of the constitution and should have directed the party to take recourse to the appeal mechanism provided by the act.'8. section 2(d) of the consumer protection act (hereinafter referred to as 'act' only) deals with which has it as below :'(d) 'consumer' means any person who,-- (i) buys any goods for ..... petition directing the present petitioner to pay compensation to the tune of rs. 5,000/- and also to continue supply of the journal for the rest of the life of the complainant uninterruptedly. the petitioner had appealed against that order but the appeal was dismissed and hence the present revisional application.4. mr. ashis kr. sanyal ..... 4 volumes recently. thus, it was again stated there, the present petitioner would supply the opposite party only two volumes free of cost in terms of the life-membership and requested the opposite party to pay rs. 750/- towards subscription of two other volumes which was not accepted by the opposite party before the district .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1960Cal444
..... claimed or realised before by the corporation of calcutta. non-compliance on the part of the receiver prima facie was for the benefit or protection of the estate, and it cannot be said that the receiver was acting in excess of his duties as a receiver far less in violation of these. permission or leave of the court, therefore, in ..... in the possession of the receiver and was based upon a letter in which he claimed that he was acting on behalf of the estate. it was held that leave was required to proceed against a receiver when he acted for the protection of the estate in his hands. but it was observed:'the petitioner is at liberty to move the ..... it is difficult to accept the broad proposition that an alleged criminal offence must always involve an act committed in excess of the authority of the receiver, irrespective of the facts of any particular case even when it is clearly done for the protection of the estate as an integral part of the duties of the receiver, particularly when the offence .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1932Cal275
..... , a public right which he has in common with all follow house-holders, to supply and to service. in both of these cases the public authorities protection act applies. but where the right of the individual cannot be correlated with a statutory or public duty to the individual the foundation of the relations of parties ..... has only to look at the real action as brought upon the contract to sec that it is not within the act.17. vaughan williams, l.j., agreed. and romer, j., said:the public authorities protection act, 1893, does not apply to actions for the price of goods sold and delivered and for work and labour done ..... it.15. prior to the public authorities protection act, 1893 (56 & 57 vict. c. 61) there were other acts in which there were protection clauses for public authorities, namely, the public health act, 1848, the metropolis management act, 1862, and the public health act, 1875: see bhag chanel's case . the words of the public authorities protection act, 1893, section 1, are these:any .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1943Cal345
..... touzis would be altogether powerless to annul the tenure. there are indeed certain authorities which lay down that though the primary object of section 37, act 11 of 1859, is the protection of government revenue, yet the section is intended to secure certain other objects also such as the prevention of undue inconvenience and hardships which might ..... , on the general principle that rights of property remain unless clearly taken away and on the special ground that the object of act 11 of 1859, as stated in the preamble, is to protect under-tenures. before proceeding to examine this contention in detail, we would refer to cectain observations of the judicial committee upon the ..... the estate. let us examine each of these propositions. the term 'under-tenure' is not defined in act 11 of 1859. but one of the paragraphs of the preamble which begins:and whereas it is expedient to protect the holders of registered under-tenures created since the settlement and not resumable by the grantors or their .....
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