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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 … the State Governments making their own rules, to regulate the transit of all timber and other forest produce. Section 42 provides for penalty for breach of rules made under Section 41. Section 52 provided for seizure of properly

Shankar Traders Vs. State of Bihar and ors.

Court : Patna

Subject : Civil

Acts : Forest Act, 1927 - Sections 41, 42 and 769; Bihar Timber and Others Forest Produce (Transit Regulation) Rules, 1973 - Rules 3 and 5; Bihar Forest Produce (Regulation of Trade) Act, 1984 - Sections 4

the question of free flow of timber from Nepal without complying with the regulatory provisions of the Indian Forest Act, 1927 and/or the Bihar Forest Produce (Regulation of Trade) Act, 1984 and the rules framed thereunder. It is said … powers conferred by Section 41 of the Forest Act, read with Sections 42 and 76, the State Government has framed the Bihar Timber and other … produce to show that they are of foreign origin. He submitted that definition of the term 'forest-produce' under Section 2(4)(a) of the Indian Forest Act is wide enough to include produce of a forest lying outside the

Rajesh Kumar Mittal Vs. State of Bihar

Court : Patna

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 … No. 1948 of 2001, registered under Section 414 of the Indian Penal Code, and under Sections 41 and 42 of the Indian Forest Act, as also order dated 8.8.2002 recorded by the learned Chief Judicial Magistrate, Jehanabad

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

Court : Supreme Court of India

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 … the levy of transit fee is invalid.4. The Rules 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

State of M.P. Vs. Harsh Gupta

Court : Supreme Court of India

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

Shaik HussaIn Vs. Divisional Forest Officer, Proddatur, Cuddapah Distr ...

Court : Andhra Pradesh

Subject : Civil

Acts : Andhra Pradesh Saw Mills (Regulation) Rules, 1969 - Rule 3, 3(1), (2), (3), 5(2), 7 and 7(1)(2); Andhra Pradesh Forest Produce Transit Rules, 1970; Andhra Pradesh Forest Act, 1967 - Sections 2, 29, 29(2), 68 and 68(1); Forest (Conservation) Act, 1980; Andhra Pradesh Forest Act, 1927 - Sections 41, 41(1), (2), 42 and 76; Constitution of India - Articles 14, 19(1) and 301; General Clauses Act, 1897 - Sections 11; Andhra Pradesh General Clauses Act, 1981

Reported in : 2001(5)ALD650; 2001(5)ALT187

The question as to whether such rules framed in terms of Sections 41, 42, and 76(d) of the Forest Act, 1927 are legal and valid, camp up for consideration before the Apex Court in State of Bihar v. Ranchi … duty, fee royalty or charges due thereon become due, ifimposed. In order to avoid breach of the rules, Section 42 Gets into line. Then comprehensive power on the subject is given generally to the State Government as additional

The State of Jharkhand Through the Divisional Forest Officer, Dhanbad ...

Court : Jharkhand

Subject : Criminal

Acts : Bihar Saw Mills (Regulation) Act, 1990 - Sections 5, 10 13 and 16(2); Indian Forest Act, 1927 - Sections 41, 42, 43, 45, 49, 52, 52A, 52B and 59A(2); Evidence Act; Constitution of India - Article 300A

Reported in : [2007(3)JCR503(Jhr)]

(Regulation) Act, 1990 is distinct from the criminal prosecution of the respondent under Section 41/42 of the Indian Forest Act, 1927. Section 42 of the Act envisages penalty for breach of rules made under Section 41 of the Act which prescribes

State of Bihar and Others Vs. Ranchi Timber Traders Association, Etc. ...

Court : Supreme Court of India

Subject : EnvironmentConstitution

Acts : Forest Act, 1927 - Sections 41(1), 42 and 76; Constitution of India - Articles 14, 19 and 310

Reported in : 1996VIIAD(SC)391; AIR1996SC2774; 1996(5)SCALE498; (1996)5SCC276; [1996]Supp3SCR842

clear from the prefatory portion of the rules, those are Sections 41, 42 and 76 of the Indian Forest Act, 1927. Section 41 empowers the State Government to make rules to regulate the transit of forest produce. Sub-section 1 of

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 … Waghmare) was the proprietary Jagirdar and owner of the private forest comprised in Section Nos. 3, 16/1, 19, 42 and 147 situate in village Ambatha, Taluka Surgana, District Nasik. The said jahagir stood abolished under Section 3

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. … 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 … of the Seventh Schedule of the Constitution [which was subject to Entry 42/List-III of the Seventh Schedule of the Constitution] and Entry 33/List-I of the