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Judgment Search Results Home > Cases Phrase: indian partnership act Court: national green tribunal principal bench new delhi Year: 2013 Page 1 of about 4 results (0.047 seconds)

May 16 2013 (TRI)

Rudresh Naik Vs. Goa Coastal Zone Management Authority

Court : National Green Tribunal Principal Bench New Delhi

Decided on : May-16-2013

..... the proprietor of the sole proprietorship concern, titled sudarshan dry docks, as well as a partner of the firm, m/s swastik cruises. the partnership firm is carrying on the business of tourism, like conducting boat cruises in the rivers of goa. the firm has engaged three vessels to carry ..... again, in accordance with law, and expeditiously. the question of the area falling under the jurisdiction of the captain of ports under the indian ports act, 1908 as well as gczma having no jurisdiction was raised before the said authority and has also been raised before us. we have ..... meeting held on 02/04/2012. 44. now, therefore, in exercise of the powers conferred by section 5 of the environment (protection) act, 1986 (central act 29 of 1986), delegated to the gczma; the gczma hereby directs shri rudresh naik to make good the geological and ecological loss at site ..... have been taken into consideration, there has been disregard of public policy and relevant consideration have been ignored then authorities would be said to have acted unreasonable. lord greene, m.r., expressing the unanimous view observed as under: ??he must exclude from his consideration matters which are irrelevant ..... . this court with approval stated: ??11. ? ??the orderly functioning of the process of review requires that the grounds upon which the administrative agency acted be clearly disclosed and adequately sustained. ? 12. in exercise of the power of judicial review, the concept of reasoned orders/actions has been enforced .....

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May 09 2013 (TRI)

M/S. Lithoferro a Partnership Firm Represented by Its Partners and Oth ...

Court : National Green Tribunal Principal Bench New Delhi

Decided on : May-09-2013

..... it was also recommended that mining activity, including that of the appellant, should be banned. these records are: a. shah commission report which had even been tabled before the indian parliament. b. order of the honble supreme court dated 5th october, 2012 banning the mining activity. c. order passed by the state of goa dated 10th september, 2012 prohibiting ..... the purpose obviously is to enable the central government to perform its functions and exercise its powers in an effective manner and in accordance with the provisions of the act. the act has a sole purpose to achieve i.e. to provide environmental safety and restrain persons from polluting the environment and causing detriment to the health of the society. ..... a special duty on the central government to take necessary steps for conservation and development of minerals in india. section 17 of the mines and minerals (regulation and development) act, 1957 authorises the central government itself to undertake prospecting or mining operations under any area not already held under any prospecting licence or mining lease. this is sufficiently indicative ..... and applied on the basis of the facts and circumstances of a given case. it must be examined with reference to both specific statutory provisions and the scheme of the act. 27. public interest in the present case has to be read in conjunction with environmental protection. environmental protection must attain paramount consideration and other private interests including other .....

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May 09 2013 (TRI)

M/S. Drg Grate Udhyog Vs. State of M.P. Through Its Principal Secretar ...

Court : National Green Tribunal Principal Bench New Delhi

Decided on : May-09-2013

..... provisions the parliament would have made although errors had been noticed (refer inco europe limited v. first choice distribution 2000(2) all england reports 109-115). ? 18. the indian courts have also permitted departure from the rule of literal construction so as to avoid the statute becoming meaningless. normally, it is not allowable to read words in a statute ..... the present case. the relevant facts giving rise to the present application, are that the applicant firm is a partnership concern and mr. manish kumar mittal is one of the partners of this partnership firm, who has instituted the present application. this partnership concern carries on the business of stone crushing. it sought to establish a stone crushing unit at bilaua, ..... its clear terms. ? 17. the principles were further stated in this very book as under: ??liberal construction was recently adopted in interpreting section 123 (c) of the railways act 1989 which defines ??untoward accident to include ??accidental falling of a passenger from a train carrying passengers. the question is the case was whether the expression ??untoward accident as defined ..... seeks to achieve. having explained these expressions, the significant corollary thereto, is as to how such expressions shall, when appearing in a social legislation, be construed. the air act is a welfare legislation and is intended to protect the citizenry against pollution of air. right to clean environment is now recognised as a fundamental right within the ambit of .....

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Mar 14 2013 (TRI)

Nikunj Developers and Others Vs. State of Maharashtra, Environmental D ...

Court : National Green Tribunal Principal Bench New Delhi

Decided on : Mar-14-2013

..... according to law, and considerations of fair play and equity however important they may be, must yield to clear and express provisions of the law ? . 31. in council for indian school certificate examination v. isha mittal and anr. : (2000)7scc521 this court observed: ??considerations of equity cannot prevail and do not permit a high court to pass an order ..... limitation for filing an appeal against the decision or order of the tribunal and proviso to section 125 will become nugatory. ? 23. section 34 of the arbitration and conciliation act, 1996 uses the expression ??not thereafter while the provision under our consideration uses the terms ??not exceeding. both these expressions use negative language. the intention is to divest the ..... upon specific or necessary implication, such provisions must be construed as mandatory. the legislative command must take precedence over equitable principle. the language of section 16 of the ngt act does not admit of any ambiguity, rather it is explicitly clear that the framers of law did not desire to vest the tribunal with powers, specific or discretionary, of ..... . 18. the service and knowledge of the partner will be deemed to be service upon the partnership concern. therefore, an order communicated to a partner would be deemed to be communication to the partnership concern. the fact that the partner received the order and the partnership concern was communicated the order, remains undisputed. furthermore, the appellants have not stated any reason, .....

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