Environment - Law Dictionary Search Results
Home Dictionary Name: environment Page: 3Contravenes
Contravenes, including 'fails to comply with' Food and Environment Protection Act, 1985, s. 16(3) (UK) Halsbury's Laws of England, Vol. 1(2), para 681, p. 409....
Creature
Creature, means any living organism other than a human being or a plant, Food and Environment Protection Act, 1985, s. 2(1) (UK) Halsbury's Laws of England, Vol.1(2), para 681, p. 407....
Development
Development, means the carring out of building, engineering,mining or other operations in, on over or under land or the making of any material change on any building or land, or planting of any tree on land and includes development. [Delhi Metro Railway (Operation and Maintenance) Act, 2002 (60 of 2002), s. 2(c)]Development with its grammatical variations means the carrying out of building, engineering, mining or other operations in, on, over or under land or the making of any material change in any building or land and includes redevelopment. [Delhi Development Act, 1957, s. 2(d)]The word 'development' in, s. 10(20A) of the IT Act, should be understood in its wide sense. There is no warrant to exclude all development programmes relating to any industry from the purview of the word 'development' in the said sub-section. There is no indication in the Act that development envisaged therein should confine to non-industrial activities. Development of a place can be accelerated through vari...
Development consent
Development consent, for public and private pro-jects which are likely to have significant effects on the environment should be granted only offer prior assessment of the likely significant environmental effects of these projects has been carried out whereas this assessment must be conducted on the basis of the appropriate information supplied by the developer, which may be supplemented by the authorities and by the people who may be concerned by the project in question, Regina v. North Yorks C.C., Ex parte Brown [HL(E)], (1999) 2 WLR 452.The decision of the competent authority or authorities which entitles the developer to proceed with the project, Reg. v. North Yorks C.C., Ex parte Brown [HL(E)], (2000) 1 AC LR 397....
Discrepancy
Discrepancy, has to be distinguished from con-tradiction discrepancy pointed out was minor or not or the same amounted to contradiction, regard is required to be had to the circumstances of the case by keeping in view the social status of the witnesses and environment in which such witness was making the statement, State of Himachal Pradesh v. Lekhraj, (2000) 1 SCC 247....
Failure of justice
Failure of justice, Quite often the submission in a criminal Court is accentuated with the said expression. Perhaps it is too pliable or facile an expression which could be fitted in any situation of a case. The expression 'failure of justice' would appear, sometimes, as an etymological chameleon. The criminal Court, particularly the superior Court should make a close examination to ascertain whether there was really a failure of justice or whether it is only a camouflage, Shamnsaheb M Multtani v. State of Karnataka, (2001) 2 SCC 577: AIR 2001 SC 921 (925).See also State v. T. Venkatesh Murthy, (2004) 7 SCC 763.Would appear, sometimes, as an etymological chameleon, Town Investment Ltd. v. Deptt. of Environment, (1977) 1 All ER 813: 1978 AC 359: (1977) 2 WLR 450.Is too pliable or facile an expression, which could be fitted in any situation of a case, State v. T. Venkatesh Murthy, (2004) 7 SCC 763....
Having regard to
Having regard to, the expression is not 'having regard only to' but 'having regard to'. These words are not a fetter; they are not words of limitation, but of general guidance to make an estimate, Sitaram Sugar Co. Ltd. v. Union of India, AIR 1990 SC 1277 (1290): (1990) 3 SCC 223. [Essential Commodities Act (10 of 1955), s. 3(3C)]It indicates that in exercising the power, regard must be had also to the factors enumerated together with all factors relevant for exercise of that power, India Cement Ltd. v. Union of India, AIR 1991 SC 724 (730): (1990) 4 SCC 356.The words 'having regard to' used in the section do not restrict the consideration only to two matters indicated in the section as it is impossible to arrive at a conclusion as to reasonableness by considering only the two matters mentioned isolated from other relevant factors. It is neither possible nor advisable to lay down any decisive tests for the guidance of the Income-tax Officer. The satisfaction depends upon the facts of e...
Socially and educationally backward classes
Socially and educationally backward classes, the expression 'socially and educationally backward classes' in Article 15(4) was explained in Balaji's case, AIR 1963 SC 649 to be comparable to Scheduled Castes and Scheduled Tribes. The reason is that the Scheduled Castes and Scheduled Tribes illustrated social and educational backwardness. It is difficult to define the expression 'socially and educationally backward classes of citizens'. The traditional unchanging occupations of citizens may contribute to social and educational backwardness. The place of habitation and its environment is also a determining factor in judging the social and educational backwardness, State of Uttar Pradesh v. Pradip Tandon, AIR 1975 SC 563 (567): (1975) 1SCC 267: (1975) 2 SCR 761...
Heritable genetic material
Heritable genetic material, means genes or other genetic material, in any form, whether in cellular or sub-cellular entities, which are capable of being replicated or transferred by any means [See (English) Environment Protection Act, 1990, Pt. VI (ss. 106-127) (as amended)]...
Institutions
Institutions. It was the object of Justinian to comprise in his Code and Digest, or Pandects, a complete body of law. But these works were not adapted to the purposes of elementary instruction, and the writings of the ancient jurists were no longer allowed to have any authority, except so far as they had been incorporated in the digest, Smith's Dict. of Antiq. It was therefore necessary to prepare an elementary treatise, and the Institutes were published a month before the Pandects, A.D. 533, and designed as an elementary introduction to legal study (legum cunabula). The work was divided into four books, subdivided into titles.The Institutes are the elements of the Roman Law, and were composed at the command of the Emperor Justinian, by Trebonian, Dorotheus, and The ophilus, who took them from the writings of the ancient lawyers, and chiefly from those of Gaius especially from his Institutes and his books called Aureorum (i.e., of important matters).The Institutes are divided into four...
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