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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

23 confers rule making power upon the State Government for carrying out the purposes of the Act while Section 24 repeals some of the sections including Sections 34A and 35 of the Indian Forest Act, 1927 as it … 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

Kamla Kant Pandey Vs. Prabhagiya Van Adhikari and ors.

Court : Allahabad

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 … rights, were in existence from the very inception of the Act. However, Clause (c) of Sub-section (2) of Section 24 came to be added for the first time by way of amending Act No. 44 of 1991 which

Ankush Keshav Bowledkar Vs. State of Maharashtra and Others

Court : Mumbai

Subject : Property

Acts : Maharashtra Private Forests (Acquisition) Act, 1975 - Sections 2, 6, 24, 34-A, 35, 36-A, 36-B, 36-C and 37; Indian Forests Act, 1927 - Sections 35(3) and 38; Code of Civil Procedure (CPC), 1908 - Order 5, Rule 1

Reported in : 1999(1)BomCR165

Private Forests Act came into force.6. In order to examine the aforesaid question section 35 of the Indian Forest Act, 1927 (for short 'the Forest Act') is relevant.'35. Protection of forests for special purposes.---(1) The State Government may, by … of sections 34-A, 35, 36, 36-A 36-B, 36-C and 37 of the Private Forests Act was made under section 24 which reads thus :'24. (1) On and from the appointed day, sections 34-A, 35, 36, 36-A, 36-B, 36-C

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 … which proceedings had not been completed on 30th August, 1975, the date, when Section 35 was repealed by Section 24 of the 1975 Act. It is in respect of such notices alone that the 1975 Act treated the

Sinhagad Technical Education Society, through its duly Authorized Pres ...

Court : Mumbai

Subject : Land Acquisition

affidavit on the provisions of the said Act of 1975 as well as the provisions of the Indian Forest Act, 1927 (for short “the said Act of 1927”). It is contended that in view of Clause (f) of Section … of the Collector, or the order of the State Government under section 18, be final.” Section 22A and Section 24 of the said Act of 1975 read thus: “22A.(1)Notwithstanding anything contained in the foregoing provisions of this Act,

Chintamani Gajanan Velkar Vs. State of Maharashtra and ors.

Court : Supreme Court of India

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. … was dismissed on 26-7-1996. The appellant then filed writ petition before the High Court which was dismissed on 24-1-1997 by the learned Single Judge. Letters Patent Appeal filed by the appellant was also dismissed on 11-12-1997. The

Krishandeo Sah Vs. State of Jharkhand and anr.

Court : Jharkhand

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 468, 468(2), 471, 473 and 482; Indian Forest Act, 1927 - Sections 26(1); Bihar Amendment Act, 1989

Reported in : [2006(4)JCR166(Jhr)]

where under the S.D.J.M. Porahat at Chaibasa has taken cognizance of the offence under Section 26(1)(d)(f)(g) of Indian Forest Act, 1927 read with Bihar Amendment Act, 1989 in connection with C/3 Case No. 12/2001 presently pending in the Court … has preferred this petition under Section 482, CrPC for quashing the entire criminal proceedings including the order dated 24.8.2004 whereby, and where under the S.D.J.M. Porahat at Chaibasa has taken cognizance of the offence under Section 26(1)(d)(f)(g)

Moosakoya Vs. State of Kerala

Court : Kerala

Subject : Criminal

Acts : Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 - Sections 20, 23, 24, 25, 27(1), 27(2) and 27(3); Narcotic Drugs and Psychotropic Substances Act - Sections 64; Forest Act, 1961 - Sections 20, 29, 44(2), 44(2A), 52(2) and 61A; Forest Act, 1927 - Sections 59A(3); Karnataka Forest Act; Essential Commodities Act - Sections 6A(1), 6A(2), 6E and 7(1); Electricity Act; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 4, 4(2), 5, 102, 102(1), 154(1), 154(3), 156, 157, 158, 173(2), 307, 451 to 459 and 482; Indian Penal Code (IPC), 1860; Kerala Protection of River Banks and Regulation of Removal of Sand Rules - Rules 27, 27(1), 27(3) and 28; Karnataka Forest Rules

Reported in : 2008CriLJ2388

property involved in the offence is different from confiscation proceedings. Considering the provisions of Section 59-A(3) of the Forest Act, 1927, Apex Court in State of W.B. v. Gopal Sarkar : AIR2002SC221 held that power of confiscation of vehicle … is seized under Section 102, Cr.P.C. it was not brought to the notice of this Court that under Section 24 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 (in short 'the

Kamal Kishore and ors. Vs. State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Subject : Civil

Acts : Gwalior State Forest Act Samvat, 1962 - Sections 5 and 6; Madhya Bharat Forest Act Samvat, 2007 - Sections 86; Madhya Bharat Forest Act Samvat, 1950; Madhya Pardesh Extension of Laws Act, 1958 - Sections 6; Indian Forest Act, 1927 - Sections 4, 20A, 20A(1), 20A(2), 20A(4), 26, 33, 68 and 82; ;Madhya Pradesh Forest (Amendment) Act, 1965 - Sections 20; Forest Act, 1905; Madhya Pradesh Extension of Laws Act - Sections 6.1; Indian Forest (Madhya Pradesh Amendment) Ordinance, 1964; ;Forests (Conservation) Act, 1980 - Sections 2

Reported in : AIR2006MP167; 2006(2)MPHT45; 2007(1)MPLJ181

forest.7. In order to save the forest lands, the Legislature has amended and inserted Section 20A in Indian Forest Act, 1927 by State Amendment No. 9 of 1965. It is provided by the amendment that entire lands declared as

Shyamrao S/O Kewalram Kapgate and anr. Vs. State of Maharashtra and or ...

Court : Mumbai

Subject : Criminal

Acts : Forest Act, 1927 - Sections 41, 52, 61A and 61G; Bombay Transit of Forest Porduce (Vidarbha Region, Saurashtra and Kutch Areas) Rules, 1960 - Rule 3; Code of Criminal Procedure (CrPC) , 1974 - Sections 457

Reported in : 2003(4)MhLj181

trolley which was seized by the Forest Officer in exercise of powers under Section 52 of the Indian Forest Act, 1927 (hereinafter to be referred to as 'the Act'). The challenge is on two grounds, namely, that the transportation … said vehicle along with the trolley and the same was allowed by the J.M.F.C. by his order dated 24-4-1988. It appears that the effort on the part of the respondents to get the said order set aside