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Aug 25 2003

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

Court : Supreme Court of India

Decided on : Aug-25-2003

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 … identical questions of law are involved in these appeals and, therefore, they are dealt with together.CRIMINAL APPEAL NO. 231 OF 1996:3. On receipt of secret information, the Range Officer of Forests, Simariya Range, Chatra South Forest Division,

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Mar 24 2008

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

Court : Mumbai

Decided on : Mar-24-2008

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 … in respect of which such notice has been issued, would become a 'private forest' within the meaning of Section 2(f)(iii) of the Maharashtra Private Forest (Acquisition) Act, 1975, (for short 'Private Forest Act'.)3. Writ Petition No. 1957 of

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Feb 01 2000

Chintamani Gajanan Velkar Vs. State of Maharashtra and ors.

Court : Supreme Court of India

Decided on : Feb-01-2000

Subject : Property

Acts : Maharashtra Private Forests (Acquisition) Act, 1975 - Sections 2, 6, 24(1) and 34A; Indian Forest Act, 1927 - Sections 35(1) and 35(3)

Reported in : AIR2000SC1073; 2000(2)ALLMR(SC)571; JT2000(2)SC62; 2000(1)SCALE524; (2000)3SCC143; [2000]1SCR570; 2000(1)LC582(SC)

the Maharashtra Act, 1975 came into force inasmuch as notice was issued under Section 35(3) of the Indian Forest Act, 1927 on 29-8-1975 and was not served on the land-holder before 30-8-1975 but was served only thereafter on 12-9-1975. … In other words, the Deputy Collector held that for the purpose of the definition of 'private forest' under Section 2(f) of Maharashtra Act, 1975 it was necessary that notice be not only issued under Section 35(3) of the

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Nov 20 2004

Kamla Kant Pandey Vs. Prabhagiya Van Adhikari and ors.

Court : Allahabad

Decided on : Nov-20-2004

Subject : Environment

Acts : Wild Life (Protection) Act, 1972 - Sections 2(12), 2(12)B, 18A, 18(2), 20, 24, 24(2), 26A, 26A(3), 29 and 35; Wild Life Protection (Amendment) Act, 1991; Wild Life Protection (Amendment) Act, 2003; Indian Forest Act, 1927 - Sections 2 and 2(4); Minor Mineral (Concession) Rules, 1963 - Rule 41

Reported in : AIR2005All136; 2005(1)AWC877

shall have the same meaning as In Sub-clause (b) of Clause (4) of Section 2 of the Indian Forest Act. 1927 (16 of 1927) ; ]'12. The present writ petition came to be initially filed assailing the orders dated

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Jul 14 1977

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

Court : Mumbai

Decided on : Jul-14-1977

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 … of 1975 was passed on 29-8-1975 and it came into operation on 30-8-1975 (being the 'appointed day' under Section 2 (a) of the Act). Under Section 3 thereof all private forests were compulsorily acquired and stood vested in

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Oct 13 1997

Harun and Brothers Vs. State of U.P. and Another

Court : Allahabad

Decided on : Oct-13-1997

Subject : Other Taxes

Acts : Indian Forest Act, 1927 - Sections 2(4), 41, 42, 51 and 76; Uttar Pradesh Transit of Timber and other Forest Produce Rules, 1978 - Rules 3 and 5

Reported in : 1998(1)AWC542

Pradesh in exercise of power conferred upon it under Sections 41, 42, 51 and 76 of the Indian Forest Act, 1927 (hereinafter called the 'Act').4. Rule 3 of the Rules provides that no forest produce shall be moved into … transit pass contemplated under Rule 3.6. The rules do not define the expression 'forest produce'. Sub-section (4) of Section 2 of the Act defines forest produce. It is not disputed by the learned counsel of the petitioner that

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Jan 29 1986

itarsi Timber Merchants Association and ors. Vs. State of Madhya Prade ...

Court : Madhya Pradesh

Decided on : Jan-29-1986

Subject : Constitution

Acts : Constitution of India - Articles 14, 19(1) and 19(6); Forests Act, 1927 - Sections 41, 41(1) and 41(2); Madhya Pradesh Transit (Forest Produce) Rules, 1961 - Rule 27; Madhya Pradesh Kashtha Chiran (Viniyaman) Adhiniyam, 1984 - Sections 4, 8, 9 and 22; Madhya Pradesh Kashtha Chiran (Viniyaman) Niyam, 1984 - Rule 3(6)

Reported in : 1986MPLJ307

in the background of which the questions raised in this batch of petitions have to be considered. The Forest Act, 1927 is an Act to consolidate the law relating to forest, transit of forest produce and the duty leviable … creation of State monopoly in such trade and it applies to the 'specified forest produce' as defined in Section 2(1) of that Act. All kinds of timber, though forest produce, is not 'specified forest produce'and accordingly timber which

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Oct 28 2003

Bihar Plywood Manufacturers Association and ors. Vs. the State of Biha ...

Court : Patna

Decided on : Oct-28-2003

Subject : Civil

Acts : Indian Forest Act, 1927 - Sections 2(4) and 2(6)

holding that Veneer is 'fashioned wood' and therefore, timber and forest produce within the meaning of the Indian Forest Act, 1927. However, when the writ petition came up for hearing before a learned Single Judge, accepting the submission of … they require veneer. Veneer is manufactured from logs. The logs are taken to the mill where they are sectioned in sizes according to requirements. After removing barks the naked pieces are fitted in the peeling machine and … case of Woodman Industries and Ors. v. State of Bihar and Ors., 2001 (1) PLJR 275, has already answered the question in the affirmative holding

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Dec 21 2001

Harish Chandra Singh and ors. Vs. Deputy Director of Consolidation, Ba ...

Court : Allahabad

Decided on : Dec-21-2001

Subject : PropertyCivil

Acts : Uttar Pradesh Consolidation of Holdings Act, 1953 - Sections 9A(2); Indian Forest Act, 1927 - Sections 4, 6 and 20; Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950; Constitution of India - Article 372

Reported in : 2002(1)AWC562

Nos. 2, 45 and 41 are reserved forest. Notification under Sections 4, 6 and 20 under the Indian Forest Act, 1927, (hereinafter to be referred as the '1927 Act'), has been issued with regard to land recorded as forest … challenging the same order dated 25.6.2001 passed by the Deputy Director of Consolidation, Bareilly Camp at Shahjahanpur under Section 48 of the U. P. Consolidation of Holdings Act and the order dated 15.1.2000 passed by the Settlement

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Jul 31 2003

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

Court : Mumbai

Decided on : Jul-31-2003

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 … order passed by Sub-Divisional Officer and observing that the land in question was 'forest' within the meaning of section 2(c-i) of the Act of 1975. It was also held to be 'private forest' falling under section 2(f) of

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