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Feb 06 1998

Dilip Kumar Pandey Vs. State of Bihar and ors.

Court : Patna

Decided on : Feb-06-1998

Subject : Environment

provision relating to confiscation in Bihar Forest Produce (Regulation of Trade) Act, 1984, the confiscation made under Indian Forest Act, 1927 (hereinafter referred to as 'Central Act') was a valid or not and as to whether pending confiscation proceeding … deeply reflected over the question at hand, we are of the firm view that if the deficiency in Section 56(2a), of which reference has been made above, would have come to the knowledge of the legislature, it would

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Mar 24 1993

Pijush Kanti Mondal Vs. State of West Bengal

Court : Kolkata

Decided on : Mar-24-1993

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 401, 402 and 482; ;Indian Forest Act, 1972 - Sections 52, 59A, 59B, 62, 63 and 68; ;Orissa Forest Act, 1972 - Section 56(2)

Reported in : (1993)2CALLT252(HC),97CWN875

Court decision in Gurudeb Singh Rai (supra), therefore does not apply in interpreting Section 59-A of the Indian Forest Act, 1927. Section 59-A will therefore have to be read as it is without adding anything thereto or substracting anything therefrom. … express provision to that effect in the Act. In the said decision of the Orissa High Court Section 56(2-a) of the Orissa Forest Act, 1972 fell for consideration. The said section permits confiscation alone, on the authorised

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Feb 03 2015

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

Court : Mumbai

Decided on : Feb-03-2015

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 … the very language used in the provision and the very purpose of the provision.” (emphasis added) In paragraph 56, the Apex Court referred to Sub-Section (4) of Section 35 and thereafter in paragraphs 58 and 59, the

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Sep 15 2014

Abir Infrastructure Private Limited Vs. Teesta Valley Power Transmissi ...

Court : Delhi

Decided on : Sep-15-2014

Subject : Land Acquisition

appeals were heard.55. On September 07, 2011 the Government of India issued the necessary clearance under the Indian Forest Act, 1927 for execution of the works in the State of Sikkim. Pertaining to the forest land in the State … order dated September 03, 2014 passed by the learned Single Judge dismissing application filed by the appellant under Section 9 of the Arbitration and Conciliation Act, 1996 seeking to restrain the respondent from invoking the letter dated … had to be of a kind arising in a situation found in 566 Fed Supp 1210 Itek Corpn Vs. First National Bank of Boston. Finding

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Feb 17 1992

Gurudev Singh Rai Vs. Authorised Officer-cum-asst. Conservator of Fore ...

Court : Orissa

Decided on : Feb-17-1992

Subject : Civil

Acts : Orissa Forest Act, 1972 - Sections 56(2); Forest Act, 1927 - Sections 52; Constitution of India - Articles 226 and 245

Reported in : AIR1992Ori287; 76(1993)CLT671; 1992(I)OLR305

The aforesaid question, however, requires our examination because in this case a truck found involved in committing a forest offence was ordered to be confiscated by the Authorised Officer-cum-Assistant Conservator of Forests, which order having been afirmed … imposed in lieu of confiscation of the vehicle. Shri Mohanty appearing for the petitioner faintly submitted that as Section 56(2a) of the Orissa Forests Act, 1972, which is the relevant provision, only permits confiscation and does not speak

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Sep 15 2014

Consortium of Deepak Cable India Limited and Abir in Vs. Teesta Valley ...

Court : Delhi

Decided on : Sep-15-2014

Subject : Land Acquisition

appeals were heard.55. On September 07, 2011 the Government of India issued the necessary clearance under the Indian Forest Act, 1927 for execution of the works in the State of Sikkim. Pertaining to the forest land in the State … order dated September 03, 2014 passed by the learned Single Judge dismissing application filed by the appellant under Section 9 of the Arbitration and Conciliation Act, 1996 seeking to restrain the respondent from invoking the letter dated … had to be of a kind arising in a situation found in 566 Fed Supp 1210 Itek Corpn Vs. First National Bank of Boston. Finding

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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 … the purpose and object of the impugned Act which was passed by the Assam State Legislature under Entry 56 of List II was to collect taxes on goods solely on the ground that they were carried by

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Jan 24 2018

Deepak Batra and Anr vs.govt of Nct of Delhi and Anr

Court : Delhi

Decided on : Jan-24-2018

Subject : Land Acquisition

the private parties (paras 96 to101) XI. Objection of the plaintiffs premised on Section 25 of the Indian Forest Act, 1927 (paras 102 to115) XII. Whether the constructions in question are covered under the Regulations for Regularization of Unauthorized … District, seeking clarification as to the existence of right of way as per Revenue record.” (Emphasis by us) 56. In the writ petition the respondent nos.1 and 2 have placed a status report dated 9th August, 2017

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Jan 24 2018

Prabhat Kumar Sharma & Anr vs.govt of Nct of Delhi & Anr.

Court : Delhi

Decided on : Jan-24-2018

Subject : Land Acquisition

the private parties (paras 96 to101) XI. Objection of the plaintiffs premised on Section 25 of the Indian Forest Act, 1927 (paras 102 to115) XII. Whether the constructions in question are covered under the Regulations for Regularization of Unauthorized … District, seeking clarification as to the existence of right of way as per Revenue record.” (Emphasis by us) 56. In the writ petition the respondent nos.1 and 2 have placed a status report dated 9th August, 2017

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Nov 17 2014

Planters Forum Vs. State of Kerala

Court : Kerala

Decided on : Nov-17-2014

Subject : Land Acquisition

reform came up for consideration. It was contended that the provisions of 1960 Act were repugnant to the Forest Act, 1927. Section 4A providing for vesting was introduced in the 1960 Act by amendment in the year 1978. On the … We, therefore, hold that the respondents cannot rely upon art.31A to deprive the petitioner of his fundamental rights." 56. Another judgment of the Apex Court, which needs to be noted is of a Constitution Bench in Balmadies

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