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Income Tax on Sale of Agricultural Land- By Vimal Punmiya, Adv. & C.A (27-Jun-2013)
By the provision of "Sec. 2(14) Capital Asset", rural agriculture land was exempt from capital gain. For being rural agriculture land, land must be satisfied certain condition laid down in section 2(14).The Finance Minister amended this conditions through Finance Bill 2013-14. For, Simplicity we discuss effect of this amended in two part. read more
TRAI Direction No: 16-2/2012-B&CS (22-Feb-2013) Direction to MSOs under Section 13 of the Telecom Regulatory Authority of India Act, 1997, for implementation of Digital Addressable Cable TV Systems (DAS)
Telecom Regulatory Authority of India Direction Subject: Direction to M/s ___________ under Section 13 of the Telecom Regulatory Authority of India Act, 1997, for implementation of Digital Addressable Cable TV Systems (DAS). No. 16-2/2012-B&CS read more
Status of Coral Protection in India
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What is “environmental pollution”?
"Environmental Pollution"means the presence in the environment of any environmental pollutant. [Sec.2(c) of Environmental (Protection) Act, 1986]. read more
What is “hazardous substance”?
Ans. "Hazardous substance"means any substance or preparation, which by reason of its chemical or phisico-chemical properties or handling, is liable to cause harm to human being and other living creatures, plants, micro organism, property or the environment [Sec.2(e) of Environment (Protection) Act, 1986]. read more
What are the restrictions on emission or discharge of environmental pollutants?
Ans. Schedule I to IV of the Environment (Protection) Act, 1986 prescribes the standard for emission or discharge of environmental pollutants from industries, operations or processes. Schedules I to IV are reproduced at the end of this Chapter. The Central or the State boards are empowered to specify and may specify even more stringent s read more
What must be considered while developing regulations for TNCs?
There is need for a new transnational legal regime to be establshed, governed by the following objectives. There must be global standards of process safety for transnational hazardous and non-hazardous business activity. The activities must satisfy the highest standards of environmental protection. Thirdly, dilution of technology to a lesser lev read more
Which are the different environmental statutes, rules and notifications in force in India?
1. The Water (Prevention of Pollution) Act, 1974. 2. The Water (Prevention and Control of Pollution) Rules, 1975 3. The Water (Prevention and Control of Pollution) (Procedure for Transaction of Business) Rules, 1975 4. The Water (Prevention of Pollution) Cess Act, 1977. 5. Forest (Conservation) Act, 198 read more
What are the kinds of liability that are imposed on companies under environmental law?
(1) Criminal Liability (2) Tortuous Liability. (3) Liability under the Constitution. read more
On whom do the statutes impose criminal liability for environmental crimes committed by the company?
The Acts[1] contemplate the prosecution both of the company as well as of the person directly in charge and responsible to the company for the conduct of the business of the company, in case an offence has been committed by a company. read more
When can liability be imposed on individuals for crimes committed by the companies?
In order to bring home the offence to the person impleaded as accused along with the company, two things have to be established, namely that- (I) The person proceeded against was directly in charge of the conduct of the business of the company, and (II) The person was responsible to the company for the conduct of the business of read more
What are the defenses available to a person impleaded with the company?
The person so proceeded against may escape the penal consequences if he establishes that - (a) The offence was committed without his knowledge or,(b) He exercised all due diligence to prevent the commission of such offence. read more
What are the criticisms against imposition of criminal liability on individuals for environmental crimes committed by the company?
The primary criticism is that since the company is a separate legal entity, the Court must not go beyond the corporate veil to hold an individual liable. read more
What are the justifications for imposition of criminal liability on individuals for environmental crimes committed by the company?
In Juggilal Kamlapat v. Commissioner of Income tax, U.P,[1] the Supreme Court while recognising that a company is a legal personality distinct from its members held that in certain exceptional cases, the court is entitled to lift the corporate veil, i.e. every person who is directly in charge of t read more
What are the problems associated with imposition of criminal liability on companies for environmental violations?
 A primary problem with imposition of criminal sanctions is that the crimes are achieved through the co-operative efforts of both high and low level employees.[1] However, the practice has been to target those individuals who either physically dumped the waste or specifically directed its disposal. These a read more
Why is it difficult to impose liability on high-ranking officials for environmental crimes?
In the Environment (Protection) Act, 1986, it is provided that a person will not be liable if he proves that the offence was committed without this knowledge or that he exercised all diligence to prevent the commission of such offence. Secs 24 or 25 of Water (Prevention and Control of Pollution) Act, 1974, a person or a company will be liable fo read more
What are the approaches that can be adopted by the Courts to impose criminal liability on the high ranking officials?
The Courts must apply the principle of absolute or strict liability and the subordinates should not be made the scapegoats of the high-level officers.[1] The law should be developed to the degree where actual knowledge does not have to be proved if it can be shown that the corporate executive was wilfully ignor read more
What is the approach that has been adopted by the Courts to impose liability on high ranking officials?
The Court held that a Manager of a company would be prima facie liable as it can be presumed that he had a hand in the working of the company.[1] It was made abundantly clear by the Supreme Court while defining Section 47 of the Water (Prevention and Control of Pollution) Act, 1974, in the case of U read more
Why is it difficult to prosecute large scale companies and MNCs?
Large corporations are more powerful and hence have distinct advantages over smaller companies- advantages that enable them to avoid the discovery and successful prosecution of their illegal environmental activity. Large industrial concerns have a considerable amount of leverage to influence prosecutors to avoid or abandon criminal prosecutions read more
How have the Courts dealt with technical objections raised by the impleaded companies and persons?
The courts while dealing with environmental crimes have tried their best to not be bogged down by the numerous technicalities of criminal law. The Patna High Court, in Mahmud Ali v. State of Bihar[1], allowed the State to implead the managing director of a company charged with violating the Wate read more
What is the doctrine of absolute liability as has developed in India?
In the past all actions for environmental torts against companies and industries were governed by the principle of strict liability. This is essentially a principle of common law as enunciated in Rylands v. Fletcher[1] by English courts. However, MC Mehta v. Union of India read more
What are the criticisms leveled against the concept of absolute liability?
This dictum of absolute liability has been criticised by jurists outside India as imposing a liability regardless of general principles. It has been argued that this would undermine the credibility of the Indian courts and lead to the accusation of bias by foreign investors. There has also been opinion to the effect that the dictum suffers from read more
Trace the development of the “polluter pays principle” in India?
An important principle used by the Courts to impose liability on companies, is the "polluter pays"principle. The Supreme Court first introduced the ''polluter pays principle''into Indian law in the H. Acid[1] decision, invoking Article 130R(2) of the European Community Treaty and the text of the European Commun read more
What is the understanding of the “precautionary principle adopted by the Indian judiciary?
In Velore Citizens''Welfare Forum[1], the court laid down that for the purposes of municipal law, the Precautionary Principle means: (1) Environmental measures -- by the State Government and the statutory authorities -- must anticipate, prevent and attack the causes of environmental degradation. read more
Trace the development of the “precautionary principle” in India?
A principle, which has been imported into India by the judiciary, is the "precautionary principle". There does not appear to be any mention of the Precautionary Principle in Indian decisions before the Velore Citizens''Welfare Forum[1] case, where the Court liad down the three limbed version of this prin read more
Define the concept of sustainable development?
In Vellore Citizens''Welfare Forum[1] the learned Judges accepted the Brundtland Commission definition of sustainable development as development, which meets the needs of the present without compromising the ability of the future generations to meet their own needs.[2] read more
Trace the development of the “principle of sustainable development” in India?
Although there are references to sustainable development in judicial decisions,[1] and it has now been explicitly recognized as a principle of customary international law incorporated into domestic law, the concept has not found a clear mention in environmental judgements. However, many of the decisions on envi read more
Trace the development of the “right to environment” in India?
In The Rural Litigation and Entitlement Kendra v. State of UP[1], the Supreme Court ordered the closing of mining operations in specified areas, on the grounds of minimizing ecological disturbance. Although, the Court did not expressly evolve a right to environment, the decision laid the basis for read more
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