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1 - 10 of 12 (0.25 seconds)The Right to Information Act, 2005
The Limitation Act, 1963
The National Green Tribunal Act, 2010
Aradhana Bhargav Anr vs Moef Ors on 12 August, 2013
25. It is not necessary to elaborate the discussion on the ratio
laid down in each of the above referred Judgments. Suffice to say
that the period of limitation is circumscribed by the specific
provision of the special enactment, namely, the National Green
Tribunal Act, 2010. Obviously, this Tribunal has no discretion to
extend the period by taking aid from the general provisions of the
Limitation Act. The negative expression used in the language of
Section 16 of NGT Act, creates embargo on flexibility in the context
of the limitation available for filing of the Appeal. Having regard to
legal position enumerated hereinabove, we have no hesitation in
holding that the Appeal is barred by limitation.
Bhopal Gas Peedith Mahila Udyog ... vs Union Of India (Uoi) And Ors. on 4 May, 2007
11 October 2013
In view of the judgment of the Supreme Court in Bhopal Gas Peedith
Mahila Sangathan & Ors. vs. Union of India & Ors. we allow the Petitioners'
Counsel to withdraw the petition with liberty to file proceedings on
the same cause of action before the National Green Tribunal.
The Environment (Protection) Act, 1986
Article 120 in Constitution of India [Constitution]
Municipal Corporation vs Sri Niyamatullah on 21 August, 1969
23. Relying upon certain observations, in case of Municipal
Corporatonl, Indore, vs Niyamatullah (dead) by his L.Rs, AIR
1971, SC 97, it is contended that the plea of limitation under the
special statute, may not be considered when an action is without
jurisdiction. In given case, a Govt. servant was dismissed by
Incompetent Authority. The dismissal could be ordered only by the
Competent Authority. Therefore, it was held that "action did not fall
within mischief of Section 135(2) of Indore Municipal Council Act,
and it was governed by Article 120 of the Limitation Act". As stated
before, we cannot presuppose that the Environment Clearance
Certificate dated March 28th, 2012, is by itself issued by an
Authority, having no jurisdiction to do so and is issued without
jurisdiction available to SEIAA. The competency of the Authority is
the subject matter of the dispute, which is not yet determined on
merits.
Medha Patkar Ors vs Moef Ors on 28 November, 2013
Learned Counsel for the Respondent No.4, has
referred to observations in Ms. Medha Patkar Vs MoEF and Ors in the
Judgment of Hon'ble Principal Bench, passed in Appeal No. 1 of
2013. The Hon'ble Principal Bench elaborately considered the
issue of limitation by referring to the expression "communicaton"
and the other expressions in the context of cause of action.