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The Forest Range Officer and Others Vs. P. Mohammed Ali and Others

Court : Supreme Court of India

Reported in : AIR1994SC120; 1993(2)ALT(Cri)152; 1993(2)Crimes415(SC); JT1993(3)SC222; 1993(1)KLT886(SC); 1993(2)SCALE792; 1993Supp(3)SCC627; [1993]3SCR497

..... i) of the act. thus the appeal in the other case.3. the forest conservation act, 1980 aims to prevent depleting forests, conservation thereof and protection of wild life in the country to maintain ecological bafance. the state acts regulate preservation of forest and forest produce to supplement the central act. the act prescribes produce for ..... must be construed in accordance with the language used therein unless there are compelling reasons such as where the literal construction would reduce the act to absurdity or prevent manifest legislative purpose from being carried out'. the question therein was the interpretation of the phrase 'materially altered the ..... that, therefore, both would deal with the same offence. accordingly, the respondent was held to be public servant coming within the definition of p.c. act. this court adopted the doctrine of purposive interpretation to prevent corruption, a penal offence. in municipal corporation of greater bombay v. indian oil corporation : .....

Andhra Pradesh State Seed Certification Vs. the Chief Commissioner of ...

Court : Andhra Pradesh

..... previous year of such person under section 10 (23c) (iv) of the act. while under the main part of section 2 (15) activities which involve relief of the poor, education, medical relief, preservation of environment (including water sheds, forests and wild life) and preservation of monuments or places or objects of artistic or historic interests, ..... "advancement of any other object of general public utility" used in section 2 (15) of the act includes all objects to promote the welfare of the public particularly when the object is to promote or protect the interest of a particular trade or industry. the activity of the petitioner which facilitates sale of certified ..... division bench of this court held that the agricultural market committees are constituted under the above act for the sole purpose of protecting the interest of agriculturists, farmers and growers, that the purpose of the said act is to enable purchasers to get a fair price for the commodities by eliminating middleman and provide .....

M/s. Olpherts Pvt. Ltd. and Another Vs. Union of India and Others

Court : Madhya Pradesh

..... or medicinal plants; (b) any purpose other than re-afforestation, but does not include any work relating or ancillary to conservation, development and management of forests and wild life, namely, the establishment of check posts, fire lines, wireless communications and construction of fencing, bridges and culverts, dams, water holes, trench marks, boundary marks, ..... notification is issued later on, with respect to the very same land by the state government. the only purpose of making this provision is to protect those applicants who have applied for grant of reconnaissance permit, prospecting licence or mining lease in respect of land, notification of which is necessary under ..... 1984) shall be considered for grant by way of fresh mining lease or leases excluding such area as may be forest attracting applicability of forest conservation act, 1980. it appears that all those applicants, who were to be considered, were informed about the shortcomings or the lacuna in their applications, were .....

The National Insurance Company Limited, Rep. by its Branch Manager Vs. ...

Court : Chennai Madurai

..... (sc), the hon'ble supreme court, comprising of three hon'ble judges bench was dealing with a case arising out of a complaint filed under the consumer protection act, 1986. while enhancing the compensation awarded by the national consumer disputes redressal commission from rs.15 lakhs to rs.1 crore, the hon'ble bench made the ..... just", a wide discretion is vested in the tribunal, the determination has to be rational, to be done by a judicious approach and not the outcome of whims, wild guesses and arbitrariness, and non-arbitrariness. if it is not so, it cannot be just." (iv) in nizam institute of medical sciences v. prasanth s.dhananka ..... compensation awarded should not be inadequate and should neither be unreasonable, excessive, nor deficient. there can be no exact uniform rule for measuring the value of human life and the measure of damage cannot be arrived at by precise mathematical calculation; but amount recoverable depends on broad facts and circumstances of each case. it should .....

Oriental Insurance Company Ltd., Kumbakonam, rep. by its Branch Manage ...

Court : Chennai Madurai

..... (sc), the hon'ble supreme court, comprising of three hon'ble judges bench was dealing with a case arising out of a complaint filed under the consumer protection act, 1986. while enhancing the compensation awarded by the national consumer disputes redressal commission from rs.15 lakhs to rs.1 crore, the hon'ble bench made the ..... just", a wide discretion is vested in the tribunal, the determination has to be rational, to be done by a judicious approach and not the outcome of whims, wild guesses and arbitrariness, and non-arbitrariness. if it is not so, it cannot be just." (iv) in nizam institute of medical sciences v. prasanth s.dhananka ..... compensation awarded should not be inadequate and should neither be unreasonable, excessive, nor deficient. there can be no exact uniform rule for measuring the value of human life and the measure of damage cannot be arrived at by precise mathematical calculation; but amount recoverable depends on broad facts and circumstances of each case. it should .....

Shri P. Kumaran Vs. Executive Engineer, Works Division and ors.

Court : Mumbai

Reported in : (1999)101BOMLR340

..... is the position in the present case.11. mr. sethna, learned counsel for the respondents, further relied upon the decision of the supreme court in the case of wild life institute of india, dehradun v. vijay kumar garg : (1997)10scc528 , and submitted that, as the dispute was not raised within 90 days from the date when ..... for the work executed by the applicant. it indicates running bill (final) of) he work of strengthening of existing weir at opa, khandepar, left bank, downstream, protection wall. whether this running bill is to be taken as final or not is not required to be decided in this matter because admittedly at no point of time ..... food corporation of india v. a. mohammed yunus : air1987ker231 .20. for deciding the aforesaid controversy, first i would refer to section 11 of the arbitration and conciliation act, 1996, which provides for a machinery for appointment of an arbitrator/arbitrators, in case there is an arbitration agreement between the parties and parties fail to appoint such .....

Dr. Radhakrishna Co-operative Housing Society Limited, Hosur, Hubli an ...

Court : Karnataka

Reported in : 1999(2)KarLJ637

..... purposes of intoxicating drinks and of drugs which are injurious to health'.'48-a. the state shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country'.9. act 1987 is enacted for the purpose of orderly and planned development of major and important urban areas keeping in view ..... 6 covers the field relating to public health and sanitation, hospital and dispensaries. entry 17 covers the field relating to drainage and embankments. as started earlier, act 1987 does not provide for any acquisition of land and it only provides for declaration whether the land is required for a public purposes or not. ultimately, ..... clearly show that the authority cannot arbitrarily deal with the civic amenity site while allotting the same in favour of third persons. under the provisions of the act, and rules sufficient safeguards are provided in order to develop the civic amenity site.26. in most of the petitions, the petitioners have already surrendered civic .....

Dr. Radhakrishna Co-operative Housing Society Ltd. and ors. Vs. State ...

Court : Karnataka

Reported in : ILR1998KAR3794

..... purposes of intoxicating drinks and of drugs which are injurious to health.' '48a. the state shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.'9. act 1987 is enacted for the purpose of orderly and planned development of major and important urban areas keeping in view ..... 6 covers the field relating to public health and sanitation, hospital and dispensaries. entry 17 covers the field relating to drainage and embankments. as stated earlier, act 1987 does not provide for any acquisition of land and it only provides for declaration whether the land is required for a public purpose or not. ultimately, ..... clearly show that the authority cannot arbitrarily deal with the civic amenity site while allotting the same in favour of third persons. under the provisions of the act, and rules sufficient safeguards are provided in order to develop the civic amenity site.26. in most of the petitions, the petitioners have already surrendered civic .....

Aramachine and Lakri Vikreta Sangh, Nagpur Vs. State of Rajasthan and ...

Court : Rajasthan

Reported in : AIR1992Raj7; 1991(1)WLC551; 1991(2)WLN286

..... was inserted by the constitution (42nd amendment) act, 1976. the relevant portion of article 51a is quoted below:--r,''it shall be the duty of every-citizen ofindia-- ' (a) to (f)............:.. (g) to, protect and improve the natural environment including forests 'fakes', rivers and wild life, 'and to 'have compassion! forliving creatures ..... ownership-- (a) transit pass, issued by the forest deptt. (b) permission issued by collector to the land holder under the provisions of landrevenue act or tenancy act; (c) certificate from gram panchayat tortimber obtained from the trees standing in theland holding of gram panchayats; for feltingfor which the permission of the ..... not constitute restrictions, under either provision. there is a violation of the freedom guaranteed by article 301 only where a legislative or executive act operates to restrict trade, commerce or intercourse, directly and immediately, as distinct from creating someindirect or inconsequential impediment which may be regarded as .....

Collector of Central Excise Vs. Indian Organic Chemicals Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Reported in : (1985)(5)LC1741Tri(Chennai)

..... , one is permitted to look at the meaning given to the disputed term in cognate legislation. as pointed out by the respondent in their memorandum of cross objection, the factories act distinguishes between a 'layoff' and a 'closure'. in the circumstances of the present case, we find that there was both receipt of raw materials under d.3 intimation to the ..... the 12 months period referred to exceeds 110% of the production during the base period. this was followed by issue of notification no. 283/82. the central excises and salt act, 1944, is one relating to production of goods and levy of duty thereon. he therefore, urged that the intention to be gathered from the speech of the finance minister as .....