Court : Kolkata
Reported in : 1987CriLJ1506
..... to the person from whom it was seized. suresh chandra barui sold this article to the applicant o.p. on 7-6-1976. thereafter by amendment of the wild life protection act, 1972 whale was treated as a wild life and the provision of the said act was made applicable to it. on 7-4-83 the applicant o.p. filed an application to the chief ..... ambergris from port blair to main land. it was also stated that ambergris was found in the body of sperm whale which have been included in schedule i of the wild life protection act. in terms of the said ambergris being an uncured trophy it is required (sic) a declaration within 30 days from the commencement of the said act and such ..... 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 .....
Tag this Judgment!Court : Kolkata
Reported in : 2006(2)CHN448
..... section 11 of the customs act. so, 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 ..... 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 ..... under section 3 of the imports and exports (control) act, 1947, as amended, read with section 11 of the customs act, 1962 exportation of all forms of wild life, dead or alive, or part thereof, or produce thereof, is completely banned, and so wilf life (protection) act has no connection with the said act. mr. roy submitted that there .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2004Cal225,2005(1)CHN487
..... evidence with the leave of the court which the court may grant in exercise of jurisdiction under sub-rule (3) of rule 14 of order 7 of the code as amended by amendment act 22 of 2002.10. in all such considerations, the impugned order, rejecting the petition of the plaintiff/petitioner purely on the ground, that since rule 17-a of ..... under order 7, rule 14, sub-rule (3) of the code.9. upon reasonable construction of the provisions of order 7, rule 14, sub-rule (3) as amended by amendment act 22 of 2002 and amending act 46 of 1999 whereby the provisions of rule 17-a of order 18 has been omitted from the code, this court is of the view that ..... order 18 of the code has been omitted by amending act 46 of 1999, there is no scope for production of documentary evidence, which have not been presented along with the plaint, has been made in exercise of jurisdiction .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1976Cal142
..... article 25 or article 26 of the constitution by the provisions of the bengal wakf act, 1934 as amended by the amending act of 1973. the provisions of the act to which i have referred to hereinbefore are essentially provisions for the preservation, protection, and improvement of the wakf properties. these, in my opinion, do not destroy the right of ..... devote its produce to your children, your kindred, and the poor in the way of god.' the doctrine of wakf has thus become interwoven with the entire religious life and social economy of the mussalmans. the wakf is, therefore a permanent benefaction for the good of god's creature but the wakf might bestow the usufruct upon whomsoever ..... be entitled to appropriate to his own use 25 per cent of the gross income as his remuneration for looking after and managing the properties during his natural life and on his death the said income would go to such poor and indigent members of the grantor's family as might be in indigent circumstances for providing .....
Tag this Judgment!Court : Kolkata
Reported in : 2006(1)CHN241
..... policy and article 51a(g) under the chapter on fundamental duties pursuant to forty-second amendment to the 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 ..... 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 .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1963Cal565,67CWN460
..... foreign exchange the parliament may pass such a law or if any legislation is required to be passed touching on preservation, protection and improvement of stock, prevention of animal diseases, establishment ofpounds or protection of wild life state legislatures alone may pass such laws. but although that is so, it is no argument that a state cannot ..... such a statement in the notification or the declaration, even if it was at all so necessary at a time when the constitution had not been so amended. the statement was an unnecessary embelishment in the notification and declaration, which must have encouraged mr. mukherjee in advancing the argument that the purpose of the ..... notification or in the declaration that the land acquisition was being made for a purpose, which was not a purpose of the union. before its amendment, by the constitution seventh amendment act, entry 33 of list i used to read as follows: 'acquisition or requisitioning of property for the purpose of the union.' similarly entry .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1999Cal212
..... 28-10-97, 7-2-98 were all directed to discourage the establishment of slaughtering house and to reconsider the proposal therefor highlighting the necessity for preservation of wild life and prevention of diminishing cattle resources. nowhere in the aforesaid correspondences the authority or power of the state in dealing with the surplus land has been rated as arbitrary ..... by the government, the government becomes the absolute owner of the property free from all encumbrances and it can deal with as any other owner and such dealing is protected under article 298 of the constitution of india. according to him the govt. can grant lease its land and by reason of section 3 of the government grants ..... act, 1894. he has further argued that the ld. trial judge erred in law in relying upon the decision reported in : air1961mp140 inasmuch as the same is prior to amendment in l.a. act 1984 (act 31 of 1962) by insertion of section 44b in the l.a. act, 1894 and, therefore, the acquisition for a private .....
Tag this Judgment!Court : Kolkata
Reported in : 1988(18)ECC180
..... packing and final packing is includible in the assessable value of the cigarettes. the manufacturer's contention that the packing which was necessitated in order to protect the packed cigarettes and to provide them from being damaged during the course of transportation from the factory gate to the godown or warehouse of the ..... waterproofing, etc., carried out by the petitioner-company amounted to 'manufacture' under the central excises and salt act as it stood prior to the impugned amendment act. etymologioally also such process means manufacturing process and whatever may be the operation, it is the effect of the operation on the commodity that is ..... petitions are concerned within the definition of the word 'manufacture'. the petitioners challenged the validity of the central excises and salt and additional duties of excise (amendment) act, 1980. the question for determination were: (1) whether processes conducted and carried on by the petitioner in respect of cotton fabrics and woollen .....
Tag this Judgment!Court : Kolkata
Reported in : (1999)2CALLT320(HC)
..... to secure toall the citizens of this country social and economic justice. article 14 of the constitution guarantees to all persons equality before the law and the equal protection of the laws. the principle deduclble from the above discussions on this part of the case is in consonance with right and reason, intended to secure social ..... application under article 226 of the constitution of india the petit1.ioners have challenged the west bengal home guards act, 1962 and the rules framed thereunder, including the amendments thereto, alleging violation of the provisions contained in the articles 14, 16, 19 and 43 of the constitution by the respondents, including state of west bengal. the ..... get much better emoluments and service benefits, and then at the age of sixty they would just be thrown away like garbage without any benefit of such life long service. this is sheer exploitation by state taking the advantage of poverty of that group of the citizens and is ultra vires as offending articles 14, .....
Tag this Judgment!Court : Kolkata
Reported in : 1998(2)ALD(Cri)924,(1998)2CALLT423(HC),1998(2)CHN81
..... disinterring many useful informations and also materials which would have concealed. success in such interrogation would elude if the suspected person knows that he is well protected and insultated by a pre-arrest bail order during the time he is interrogated. very often interrogated in such a condition would reduce to a mere ritual ..... in considerable hardship and inconvenience to persons arrested far away from court issuing the warrant of arrest. to remove such hardship and inconvenience, the committee has amended these clauses conferring power on the magistrate having jurisdiction over the place of arrest to release the person on ball (new 2nd proviso to section 81(1 ..... sub-section within thirty days of the date of such application : provided that where the apprehended accusation relates to an offence punishable with death, improsonment for life or imprisonment for a term of not less than seven years, no final order shall be made on such application without giving the state not less .....
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