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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 … on three grounds: (a) that the State Legislature of Maharashtra lacks legislative competence to enact the measure, particularly Section 3 thereof, to the extent to which it purports to vest in the State Government the 'forest produce' while

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 … truck in the meantime. A Division Bench of the Patna High Court (Ranchi Bench) by an order dated 3.9.94 allowed the writ petition on the ground that the order dated 10.1.92 was totally without jurisdiction and the

Jogender Singh and ors. Vs. Deputy Director of Consolidation, Bareilly ...

Court : Allahabad

Subject : Property

Acts : Indian Forest Act, 1927 - Sections 3, 4, 6, 8, 9, 11, 16, 17, 20, 27A and 38A; Uttar Pradesh Forest (Amendment) Act, 1965; Uttar Pradesh Consolidation of Holdings Act, 1953 - Sections 9(1), 9(2), 9A, 9A(2) and 49; Uttar Pradesh Tenancy Act, 1939; Uttar Pradesh Village Abadi Act, 1947; Land Acquisition Act, 1894; Code of Civil Procedure (CPC), 1908 - Sections 11; Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 - Sections 143K, 154, 155, 156, 157, 229B and 241

Reported in : 2002(1)AWC141

41 situated in village Gahloioya, Paragana and Tehsil Powayan, district Shahjahanpur. A notification under Section 4 of Indian Forest Act, 1927. (hereinafter referred to as the Forest Act) was issued by the State Government proposing the area therein to … forest, the transit of forest-produce and other connected matters. Chapter 11 of the Act relates to reserved forest. Section 3 provides the power to reserve forests. This Section provides that the State Government may constitute any forest land

The State of U.P. Vs. Mahant Avaidh Nath

Court : Allahabad

Subject : Civil

Acts : Forest Act, 1927 - Sections 3 and 9

Reported in : AIR1977All192

intention was made further clear by U. P. Act No. 23 of 1965. Section 3 of the Indian Forest Act 1927 was substituted by the following: '3. Power to reserve forests. The State Government may constitute any forest land

KamaruddIn N. Shaikh Vs. the State of Maharashtra and ors.

Court : Mumbai

Subject : ConstitutionProperty

Acts : Indian Forests Act, 1927 - Sections 35(3); Maharashtra Private Forests (Acquisition) Act, 1975 - Sections 2 and 5; Evidence Act, 1872, Sections 3, 58 and 61; Constitution of India - Article 226

Reported in : 1996(4)BomCR209; (1996)98BOMLR159

chequered history of this matter. In August 1975, the Officer authorised by the State Government served notice under sub-section (3) of section 35 of the Indian Forest Act, 1927 on Veekaylal Investment Co. Pvt. Ltd. Section 35 of … with forest produce. 'Forest produce' is not defined in the Act but has been defined under the Indian Forest Act, 1927. Section 2(4) reads as under :'2(4) 'forest-produce' includes ---(a) the following whether found in, or brought from, a forest

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 … Nos. 1 to 25 comprising 106 plots, both measured and unmeasured, bearing Khasra Nos. 1, 2, 6, 23, 30, 34, 44, 108,218,222, 309, 341, 409,479, 606, 433,241,732/280, 736/394 and 728/402 of Chak Addu, tehsil Rampur, in the

Anand Kumar Goenka Vs. State of M.P. and Others

Court : Madhya Pradesh

Subject : Criminal

Acts : Prevention of Damage to Public Property Act, 1984 - Sections 3, 3(2) and 4; Forest Act, 1927 - Sections 33 and 63; Code of Criminal Procedure (CrPC) , 1974 - Sections 2, 4, 4(2), 5, 200 and 245; Madhya Pradesh Transit Rules - Rules 3 and 29; Indian Penal Code (IPC), 1860 - Sections 41 and 42

Reported in : 2001(3)MPHT252; 2001(3)MPLJ272

that the Forest Range Officer, Maihar investigated the offences punishable under Sections 33 and 63 of the Indian Forest Act, 1927 (for short 'the Forest Act') and the offences punishable under Sections 3 and 4 of the Prevention of … to authorise any special agency to investigate the offence committed under the Act of 1984. Sub-section (2) of Section 3 of that Act provides that a minimum sentence for the offence shall be six months but it is

U.R. Mavinkurve Vs. Thakor Madhavsinghji Gambhirsingh and ors.

Court : Supreme Court of India

Subject : Property

Acts : Areas (Jagirs Abolition) Act, 1953 - Sections 3; Jagirs Abolition Act - Sections 2(2), 5, 8, 9 and 11; Indian Forest Act, 1927 - Sections 10 and 34(A); Bombay Land Revenue Code, 1879 - Sections 3(16), 3(17), 3(19) and 40; Bombay Act, 1865; Constitution of India - Article 226

Reported in : AIR1965SC1747; [1965]3SCR177

of individuals legally subsisting. .....................................'9. Section 9 reads : '9. The rights to trees specially reserved under theIndian Forest Act, 1927, or any other law for the time being in force, exceptthose the ownership of which has been transferred … cut and remove the trees including the reservedspecies of trees from the forest lands of these villages. 4. Section 3 of the Bombay Merged Territories and Areas (Jagirs Abolition)Act, 1953 (hereinafter to be called the Jagirs Abolition Act)

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

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. … statement, if any, relating to the compensation qua the property in question. 3. Assailing the aforesaid notice issued by the Assistant Collector, the appellants preferred … 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