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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 … trees and leaves, flowers and fruits and all other parts or produce not mentioned in the earlier part. Section 41 provides for the State Governments making their own rules, to regulate the transit of all timber and other

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Mar 15 1963

Virji Lalji Patel and Co. Vs. State of Madhya Pradesh Through Secretar ...

Court : Madhya Pradesh

Decided on : Mar-15-1963

Subject : Constitution

Acts : Constitution of India - Articles 19(1), 301, 303 and 305; Forest Act, 1927 - Sections 41; Forest Rules, 1927 - Rules 3 and 4

Reported in : AIR1965MP211; 1965MPLJ541

suggested that any otherwise direction of the President directing anything to affect the continuance of the existing law--Indian Forest Act, 1927--exists. That law consequently continues as valid. Section 41 of that Act therefore is also valid and good and

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Apr 23 2002

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

Court : Supreme Court of India

Decided on : Apr-23-2002

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 … of the Conservator of Forests of the Circle, or the Divisional Forest Officer, shall also be affixed.' 5. Section 41 of the Act empowers the State Government to make (sic) to regulate the transit of timber and other

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Jan 18 2005

Rajesh Kumar Mittal Vs. State of Bihar

Court : Patna

Decided on : Jan-18-2005

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 482; Indian Forest Act, 1927 - Sections 41 and 42; Indian Penal Code (IPC), 1860 - Sections 414

suspecting the accused persons.6. Besides this learned Addl. P.P. also submitted that under Section 41 of the Indian Forest Act, 1927 a power was vested in the State Government to make rules to regulate the transit of the timbers

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Jan 16 1967

State of Mysore Vs. H. Sanjeeviah

Court : Supreme Court of India

Decided on : Jan-16-1967

Subject : Constitution

Acts : Mysore Forest Act, 1900 - Sections 37, 37(1), 37(2) and 77; Timber Transit Rules - Rules 2 and 3; Mysore Forest Rules, 1952 - Rule 2; Constitution of India - Articles 226, 301, 303, 304, 305 and 366(10); Bihar and Orissa Forest Act, 1915 - Sections 27; Orissa Forest Act, 1927 - Sections 41

Reported in : AIR1967SC1189; [1967]2SCR673

coming into force of the Constitution in exercise of the power conferred by Section 41 of the Orissa Forest Act, 1927, were 'existing law,' and on that account not open to challenge because of Article 305 of the Constitution,

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Jan 22 1999

State (Represented by Range Forest Officer) Vs. Shri Rajesh Gaonkar

Court : Mumbai

Decided on : Jan-22-1999

Subject : Criminal

Acts : Forest Act, 1927 - Sections 41, 52(2), 53, 54, 55, 61-A and 69; Goa Amendment Act, 1988; Preservation of Tree Act, 1986 - Sections 66; Goa, Daman and Diu Forest Rules, 1964 - Rule 22

Reported in : 2000(5)BomCR581

report of the circumstances to his superior officer.'The reference to sections in this Independent is to the Indian Forest Act, 1927 as amended by Goa Amendment Act, 1988. Section 53 provides for release of properties seized under section 52 … forest officers had the jurisdiction to deal with it - CODE OF CRIMINAL PROCEDURE, 1973 [C.A. No. 2/1974]. Section 41: [ Swatanter Kumar, CJ, Smt Ranjana Desai & D.B. Bhosale, JJ] Arrest of accused - Held, A Police

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Apr 29 2003

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

Court : Mumbai

Decided on : Apr-29-2003

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 … be confiscated by his order, dated 20-6-1988 holding that the petitioners had contravened the provisions of law under Section 41 read with Section 26(i)(f) and Section 33(1)(a) of the Indian Forest Act. The tractor bears the registration No.

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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

The Forest Act, 1927 does not apply to 'specified forest produce' which is governed by the 1969 Act. Section 41 of the 1927 Act contains the rule making power to regulate transit of forest produce and Clause (h) … 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

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Dec 12 1997

State of M.P. Vs. Harsh Gupta

Court : Supreme Court of India

Decided on : Dec-12-1997

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) - Sections 482; Madhya Pradesh Van Upaj (Vyapar Viniyaman) Adhiniyam, 1969 - Sections 5C, 12, 12A and 16; Indian Forest Act, 1927 - Sections 26, 41, 42 and 69

Reported in : 1999CriLJ5011; (1998)8SCC630

Van Upaj (Vyapar Viniyaman) Adhiniyam, 1969 and Sections 26 and 42 read with Section 41 of the Indian Forest Act, 1927 (hereinafter referred to as 'the Act'), the respondent was summoned by a Judicial Magistrate to stand trial. Assailing

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Feb 20 1998

Shankar Traders Vs. State of Bihar and ors.

Court : Patna

Decided on : Feb-20-1998

Subject : Commercial

Acts : Bihar Forest Produce (Regulation of Trade) Act, 1984 - Sections 5; Forest Act, 1927 - Sections 41; Transsit Rules - Rule 1

of Uttar Pradesh having Registration No. 41 for the year 1991, and is also registered under the Indian Forest Act. 1927 under Sections 41, 42, 51 and 78 read with Forest Produce Transport Rules, 1978, whereby it was granted … case of the petitioner that the goods were imported from Nepal under valid Bills of Entry. 7. Under Section 41 of the Indian Forest Act. 1927 the State Government is vested with power to control all rivers and

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