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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 … subject to appeal to the Tribunal and revision to the State Government under certain circumstances. The provisions of Section 21 enable the State Government to make declaration of certain lands as private forest and the effect that would

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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 … Magistrate-cum-Collector, Kaimur, Bhabhna, was also dismissed on 24.1.1996. Further Revision filed thereon also came to b(c) rejected on 21.6.1997. At this stage, the respondents filed CWJC Nos. 6542 and 6543 of 1997 seeking to quash the above

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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 … be acquired they can only be acquired by following the provisions (post 30th August, 1975) laid down in Section 21 of the 1975 Act read with Clause (iii) of Section 2(c-i). Mr.Nariman, then submitted that a conjoint reading

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Apr 19 2011

Afjal Imam. Vs. State of Bihar and Others.

Court : Supreme Court of India

Decided on : Apr-19-2011

Subject : Service

Acts : Bihar Municipal Act, 2007 -Sections 21 (3), 27, 25(4), 17, 25 (4), 23 (3), 21 (3), 21 (4) ; atna Municipal Corporation Act, 1951 - Sections 36, 20 (d), '; Howrah Act - Sections 6 (2), 7 (d) ; Calcutta Act - Section 8 (2), 9 (d)(e) ; Madhya Pradesh Municipal Corporation Act, 1956 - Section 37 ; M.P. and Chattisgarh Municipalities Act, 1961 - Section 70 ; Forest Act 1927 - Sections 52 (3)

of Jharkhand and Anr. v. Govind Singh, reported in 2005 (10) SCC 437, which was a case under Forest Act, 1927. The High Court had read into sections 52 (3) of the Act, the power to direct release of … to consist of the Mayor, the Deputy Mayor and seven other Councillors nominated by the Mayor/Chief Councillor under section 21 (3) of this Act. Section 27 of this Act provides that the term of office of the Mayor/Chief

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Mar 26 2019

The State of Madhya Pradesh Vs. Uday Singh

Court : Supreme Court of India

Decided on : Mar-26-2019

Subject : Education

Protection Act, 1972. Intimation of the seizure was given to the Magistrate under Section 52 of the Indian Forest Act, 1927 on 27 March 2011. The respondent moved an application4 under Section 451 of the CrPC5 before the JMFC, … JMFC, Ambah for interim release of the seized vehicle. The Magistrate dismissed the application by an order dated 21 April 1 “CrPC” 2 “JMFC” 3 “Indian Forest Act” 4 Application No 9661 of 2009 5 “Section 451

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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 … any law adapted or modified by the President under the said clause,' 21. Counsel for the petitioners has referred to entry 18 of List 2 … 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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Apr 19 1994

Kailash Chand and anr. Vs. State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Decided on : Apr-19-1994

Subject : Constitution

Acts : Forest Act, 1927; Madhya Pradesh Amendment Act, 1983 - Sections 52(2), 52(3), 52(5), 52C and 170(3); Constitution of India - Articles 14, 19(1) and 21; Madhya Pradesh Van Upaj (Vyaoar Viniyaman) Adhiniyam, 1969 - Sections 1, 15, 15C, 22 and 156; Madhya Pradesh Van Upaj (Vyaoar Viniyaman) (Amendment) Adhiniyam, 1987

Reported in : AIR1995MP1

initiated against them. In most of the cases, action is being taken under the provisions of the Indian Forest Act, 1927 (for short, Central Act), as amended by the Indian Forest (M. P. Amendment) Act, 1983, (for short, 1983 … principles of natural justice. There is violation of Articles 14, 19(1)(g) and 21 of the Constitution. (iii) Section 52(3) of the said Act which provides … be released on execution of bonds with or without sureties as the case may be Certain provisions of Sections 53 and 52C of the Central Act, as amended by the 1983 Act, are challenged in many of

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Jan 30 2014

Godrej and Boyce Mfg.Co.Ltd. and anr. Vs. State of Maharashtra and ors ...

Court : Supreme Court of India

Decided on : Jan-30-2014

Subject : Land Acquisition

consideration is whether the mere issuance of a notice under the provisions of Section 35(3) of the Indian Forest Act, 1927 is sufficient for any land being declared a “private forest” within the meaning of that expression as defined … are considered to be necessary for the convenient enjoyment or use of the forest and lands appurtenant thereto;” 21. We are also concerned with Section 3 (vesting of private forests in State Government), Section 5 (power to

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Oct 22 2008

Most. Dulia Vs. State of Jharkhand and ors.

Court : Jharkhand

Decided on : Oct-22-2008

Subject : Motor Vehicles

Reported in : [2009(1)JCR22(Jhr)]

Act, though in terms of the provision as contained in Sub-section (5) of Section 52 of the Indian Forest Act, 1927, Confiscating officer is required to arrived at that conclusion. The said provision reads as follows:No order of confiscation … 11.9.2001 (Annexure 3) passed in Confiscation Case No. 4 of 2001 and also quashing of the order dated 21.8.2002/6.5.2002 (Annexure 4) passed by Deputy Commissioner, Hazaribagh in appeal, bearing No. 103 of 2001 and also to quash

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Apr 12 2004

Gujarat Forest Producers, Gatherers and Forest Workers Union Vs. State ...

Court : Gujarat

Decided on : Apr-12-2004

Subject : EnvironmentConstitution

Acts : Industrial Disputes Act, 1947 - Sections 2; 7A 33(1) and 33C(2) ;Consumer Protection Act, 1986 - Sections 2 and 2(1) ;Constitution of India - Articles 14, 16, 21, 23.3, 39B, 46, 48A, 51A, 141, 166, 298, 309, 310 and 311; Trade Marks Act, 1999 - Sections 2; Monopolies and Restrictive trade Practice Act, 1969 - Sections 2; Indian Forests Act, 1927 - Sections 4, 5 and 8

Reported in : (2004)2GLR568; (2004)IIILLJ259Guj

to briefly undertake the exercise in the context of the subject of 'Forest' at Srl.No.1. The Indian Forests Act, 1927 is the law relating to the forests, the transit of forest produce and the duty leviable on timber … cited to point out that the Supreme court has held in paragraph 21 of the judgement that, what was approved to be 'sovereign' was defence … and the Irrigation Department of the State can be said to be an industry within the meaning of Section 2(j) of the Industrial Disputes Act, 1947 or not ?(2) What is the correct law between the two

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