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Janu Chandra Waghmare and ors. Vs. the State of Maharashtra and ors.

Court : Mumbai

Subject : Constitution

Acts : Constitution of India - Articles 13(2), 14, 19, 19(1), 19(6), 31, 31-B, 31(2), 228A, 245, 246, 246(3), 248, 255, 301 to 307, 366, 367 and 368; Constitution of India (40th Amendment) Act; Constitution of India (42nd Amendment) Act, 1976; Maharashtra Private Forests (Acquisition) Act, 1975 - Sections 2, 2(4), 2(6), 2(7), 3, 4 to 13, 14, 15, 17, 18, 21, 22, 23 and 24; Mines and Minerals (Regulation and Development) Act, 1957 - Sections 2, 16, 16(1) and 17; Maharashtra Felling of Trees (Regulation) Act, 1964 - Sections 3; Maharashtra Sale of Trees by Occupants belonging to Scheduled Tribes (Regulation) Act, 1959 - Sections 5 and 6; Bombay Merged Territories and Areas (Jagirs Abolition) Act, 1953 - Sections 3; Indian Forest Act, 1927 - Sections 2(4), 2(5), 2(6), 2(7), 34A, 35, 35(1), 35(3

Reported in : AIR1978Bom119; (1977)79BOMLR499

was passed on 28-10-1974. On 14-5-1975 the State Government issued a notification under Section 35(1) of the Indian Forest Act, 1927 in respect of the 1st petitioner's said private forest.4, Further, during the pendency of the petition the Maharashtra

Oberoi Constructions Private Limited a Company Registered Under the Co ...

Court : Mumbai

Subject : Environment

Acts : Aircrafts Act; Bombay Municipal Corporation Act 1888 - Sections 354A; Bombay Town Planning Act, 1954 - Sections 3(1), 4(1), 9 and 10(1); Cantonment Act, 1910; Code of Civil Procedure (CPC) - Order 5; Constitution (42nd Amendment) Act, 1976 - Sections 57; Constitution of India - Articles 14, 21, 48A, 51A, 141, 226, 227, 245, 246, 246(1), 300A and 372(1); Development Control Regulations, 1991;Evidence Act - Sections 114; Forest Act, 1865 - Sections 34A and 38; Forest Act, 1878; Forest Conservation Act, 1980; Government of India Act 1935; Greater Bombay Laws and the Bombay High Court (Declaration of Limits) Act, 1945; Indian Forest Act, 1927 - Sections 1, 2, 2A, 3 to 26, 34., 34A, 35, 35(1), 35(3), 35(4), 36, 36A, 36B, 36C, 37 and 38; Land Acquisition Act, 1894 - Sections 11A; Limitat

Reported in : 2008(3)ALLMR546; 2008(3)BomCR408; (2008)110BOMLR951

the individual petitions. The action proceeds on the basis that once notice under Section 35(3) of the Indian Forest Act, 1927, hereinafter referred to as '1927 Act', is issued, any land in respect of which such notice has been … a decision. He submitted that the very opening words of Section 35(3) 'no notification shall be made under Sub-section (1)...until after the issue of a notice to the owner of such forest' shows the close interconnection between Section

The State of Bihar and anr. Vs. Kedar Sao and anr.

Court : Supreme Court of India

Subject : CriminalFood Adulteration

Acts : Indian Forest (Bihar Amendment) Act, 1990 - Sections 2(3), 2(4), 5, 6, 32, 33(1), 41, 41(1), 42, 42(1), 52, 52(3), 52(4), 52(5), 52A, 52B, 52C, 52D, 53C, 55 and 61; Bihar Forest Produce (Regulation of Trade) Act, 1984 - Sections 1(3), 1(4), 14, 15, 17, 20, 21, 28 and 32; Indian Forest Act, 1927 - Sections 29(2) and 30; Bihar Timber and other Forest Produce Regulation of Transit Rules, 1973; Bihar Kendu Leaves (Control of Trade) Act, 1973; Code of Criminal Procedure (CrPC) , 1973 - Sections 102 and 103; Prevention of Food Adulteration Act, 1954; Fruit Products Order, 1955

Reported in : AIR2003SC3650; 2003(2)ALD(Cri)670; 2003CriLJ4903; JT2003(7)SC276; 2003(6)SCALE639; (2004)9SCC344

to the case by virtue of Section 32 of the said Act and the provisions of the Indian Forest Act, 1927 stood excluded and consequently the Authorities under the central enactment had no powers to confiscate the vehicle and … D. Raju, J.1. Special leave granted in S.L.P. (C) Nos.1140-1141 of 1998.2. Common and identical questions of law are involved in these appeals and, therefore, they are dealt with together.CRIMINAL

Raj Kumar Rajinder Singh Vs. State of Himachal Pradesh and Others

Court : Supreme Court of India

Subject : Environment

Acts : Forest Act, 1927 - Sections 3 to 27, 28 and 29 to 34; Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, 1953 - Sections 27; Indian Independence Act, 1947 - Sections 1 and 7(1); Government of India Act, 1935 - Sections 4 and 7(1); Specific Relief Act, 1963 - Sections 34; Himachal Pradesh Private Forest Act, 1954 - Sections 4, 5, 6 and 11; Land Holdings Act, 1972; Evidence Act - Sections 92

Reported in : AIR1990SC1833; JT1990(3)SC215; 1990(2)SCALE95; (1990)4SCC320; [1990]3SCR469

the Act shall not apply to any land which is a reserved or protected forest under the Indian Forest Act, 1927. Section 4 empowers the State Government to prohibit by notification the cutting, felling, gridling, lopping, burning, stripping off the … sole control of the forests of Bushahr, excepting those reserved for his use under Clause (II) thereof.3. Under Section 1 of the Indian Independence Act, 1947, as from 15th August, 1947, two independent Dominions of India and Pakistan

Rajiv SarIn and anr Vs. State of Uttarakhand and ors.

Court : Supreme Court of India

Subject : Constitution

Acts : Kumaun and Uttarakhand Zamindari Abolition and Land Reforms Act, 1960 - Section 4A, 18(1)(cc), 19(1)(b), 3(10), 8; UP Amendment Act 1978 ; Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 ; Indian Forests Act 1927 - Section 36, 37, 84; Land Acquisition Act, 1894 - Section 40; Government of India Act. - Section 76, 107(2); Constitution of India. - Article 254, 31(2), 300A; Punjab Act - Section 10

senior counsel appearing for the appellants raised two contentions in the context of the inter-relation of the Indian Forest Act 1927 and the KUZALR Act; firstly, the case of alleged discrimination in as much as the Central Act i.e. … 1. The present Civil Appeal emanates from the judgment and order dated 12th … year 1976 appellants succeeded to the property in question. By a Gazette Notification dated 21st December, 1977 under Section 4-A of the Kumaun and Uttarakhand Zamindari Abolition and Land Reforms Act, 1960 (hereinafter referred to as KUZALR

State of Maharashtra and anr. Vs. Maharashtra Land Development Corpora ...

Court : Mumbai

Subject : Civil

Acts : Maharashtra Private Forests Act, 1975 - Sections 2 and 6; Bombay Salsette Estate Act, 1951 - Sections 4; Forest Act, 1927 - Sections 35(1); Constitution of India - Articles 226 and 227

Reported in : 2004(1)BomCR24

was issued by the State Government to the Company under sub-section (3) of section 35 of the Indian Forest Act, 1927 calling upon the Company, the owner of the land, to show cause as to why notification under sub-section … C.K. Thakker, C.J.1. Writ Petition No. 1052 of 1998 is filed by the State of Maharashtra against respondent No. 1 for an appropriate writ, direction

M/S. Digamber Pershad Kirti Prasad Vs. State of Uttar Pradesh and Othe ...

Court : Allahabad

Subject : Contract

Acts : Sale of Goods Act, 1930 - Sections 4(3 and 4), 20 and 26; Forest Act, 1927 - Sections 83(1); Contract Act, 1872 - Sections 7

Reported in : AIR1996All1

retained by the seller, if full payment is not made. Sub-section (1) of Section 83 of the Indian Forest Act, 1927 is relevant. Sub-section (I) of Section 83 of the Indian Forest Act, 1927 entitles the Forest Officer to

Surinder Singh Brar and ors. Vs. Union of India and ors.

Court : Supreme Court of India

Subject : Property

Acts : Punjab Land Preservation Act, 1900 - Section 4; Indian Forest Act, 1927 - Section 4; Punjab Reorganisation Act, 1966 - Sections 48(5); Land Acquisition Act, 1894 - Section 4(1), 5-A, 6, 7; Periphery Control Act, 1951; Chandigarh Allotment of Dwelling Units to the Oustees of Chandigarh Scheme, 1996

plan of the area, which included residential and commercial plots, preliminary notification under Section 4 of the Indian Forest Act, 1927 was issued by the State Government on 28.2.1956 and final notification under Section 20 of that Act was … the very concept and planning of Chandigarh. This is clear from the Statement of Objects and Reasons and Section 1(2) of the latter act which are reproduced hereunder for ready reference that whole of the area of UT

State of U.P. and anr. Vs. Dr Abdul Quddus and ors.

Court : Supreme Court of India

Subject : Property

Acts : Indian Forest Act, 1927 - Sections 38A, 38H(1) and (2), 38H and 38M; Uttar Pradesh Amendment Act, 1960

Reported in : AIR1985SC498; 1984(2)SCALE809; (1985)1SCC310; 1985(17)LC377(SC)

appellants before us has been whether the notices served upon the respondents under Section 38H(2) of the Indian Forest Act, 1927, as amended by the U.P. Amendment Act, 1960 (which introduced the entire new Chapter V-A comprising Sections 38A … us has been whether the notices served upon the respondents under Section 38H(2) of the Indian Forest Act, 1927, as amended by the U.P. Amendment Act, 1960 (which introduced the entire new Chapter V-A comprising Sections 38A

State of U.P. and ors. Vs. Sitapur Packing Wood Suppliers Etc.

Court : Supreme Court of India

Subject : Other TaxesConstitution

Acts : Uttar Pradesh Transit of Timber and Other Forest Produce Rules, 1978 - Rules 3, 4(1), 5, 6(4), 14 and 15; Indian Forest Act, 1927 - Sections 41, 41(2), 42, 51 and 76; Uttar Pradesh Resin and Other Forest Produce (Regulation of Trade) Act, 1976

Reported in : AIR2003SC2165; JT2002(4)SC341; 2002(4)SCALE26; (2002)4SCC566; [2002]3SCR345

have been framed in exercise of the powers under Sections 41 42 51 and 76 of the Indian Forest Act, 1927. Rule 3 provides for regulation of transit of forest produce by means of passes. It places restrictions on … the levy of transit fee is invalid.4. The Rules have been framed in exercise of the powers under Sections 41 42 51 and 76 of the Indian Forest Act, 1927. Rule 3 provides for regulation of transit … Y.K. Sabharwal, J. 1. Delay condoned.2. Special leave granted. 3. The only question that is required