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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 … then) read withn entry 42 of the Concurrent List. By the Constitution (42nd Amendment) Act, 1976 particularly under Section 57 thereof, the subject 'forest' is no more solely a state subject but is covered by entry 17 A

State of U.P. and anr. Vs. Sri Ram Baboo Kesari and ors.

Court : Allahabad

Subject : Criminal

Acts : Andhra Pradesh Forest Act - Sections 44(2A); ;Forest Act, 1927 - Sections 2(4), 20, 20(1), 26, 26(1), 29, 29(1), 29(4), 44(2), 44(2A), 51A, 52, 52(1), 52(2), 53, 54, 55 to 57, 58, 59, 60, 61, 62 and 69; Code of Criminal Procedure (CrPC) , 1974 - Sections 5, 428, 451, 452, 457, 458, 459 and 482; ;Foreign Exchange Regulation Act, 1947 - Sections 19A; ;Border Security Force Act; Evidence Act

Reported in : 1990CriLJ87

Jagdish Khalifa.3. It is not disputed that the seizure was purported to be under Section 52 of the Forest Act, 1927 and a report of seizure was made to the Magistrate having jurisdiction to try the offence on account … and, in any other case may be disposed of in such manner as the Court may direct.' 20. Section 57 relates to disposal of forest produce when offender is not known or cannot be found. In the instant

Present: Mr. S.S.Dinarpur Advocate Vs. State of Haryana Etc.

Court : Punjab and Haryana

Subject : Land Acquisition

of the PLPA are supplementary and complimentary to its somewhat similar powers under Section 35 of the Indian Forest Act, 1927 (in short the 1927 Act). The only inescapable conclusion would be that if directions against cutting of trees … and modify our order dated 15th May, 2009 qua Issue No.1 read with direction No.[i]. contained in Paragraph 57 thereof, and clarify that only those lands/areas forming part of the notification issued under Section 3 of the

Afjal Imam. Vs. State of Bihar and Others.

Court : Supreme Court of India

Subject : Service

Acts : Bihar Municipal Act, 2007 -Sections 21 (3), 27, 25(4), 17, 25 (4), 23 (3), 21 (3), 21 (4) ; atna Municipal Corporation Act, 1951 - Sections 36, 20 (d), '; Howrah Act - Sections 6 (2), 7 (d) ; Calcutta Act - Section 8 (2), 9 (d)(e) ; Madhya Pradesh Municipal Corporation Act, 1956 - Section 37 ; M.P. and Chattisgarh Municipalities Act, 1961 - Section 70 ; Forest Act 1927 - Sections 52 (3)

of Jharkhand and Anr. v. Govind Singh, reported in 2005 (10) SCC 437, which was a case under Forest Act, 1927. The High Court had read into sections 52 (3) of the Act, the power to direct release of … element of collective functioning is introduced in Municipal Governance under sections 57 and 59 of the Act. Under section 57 (1), A Councillor may, subject to the provisions of sub-section (2), ask the Empowered Standing Committee, questions on

Dr. Emerico D'Souza Vs. State through the Deputy Conservator of Forest ...

Court : Mumbai

Subject : Criminal

Acts : Indian Forest Act, 1927 - Sections 57, 59(A) and 72(2); Evidence Act, 1872 - Sections 25 and 30

Reported in : 1995(1)BomCR266

the Range Forest Officer of the accused, during the investigation of a forest offence under the Indian Forests Act, 1927, are hit by section 25 or 30 of the Evidence Act. The petitioner is involved in an offence … 30 of the Evidence Act. The petitioner is involved in an offence under section 52 of the Indian Forest Act read with Rule 64 of the G.D.D. Forest Rules, 1964 for possessing illegally forest timber. This transaction involved

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

Court : Delhi

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 … more reason for disbelieving the case set up by the private parties. In exercise of the powers under Section 57 of the Delhi Development Act, 1957, the Delhi Development Authority with approval of the Central Government has notified

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

Court : Delhi

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 … more reason for disbelieving the case set up by the private parties. In exercise of the powers under Section 57 of the Delhi Development Act, 1957, the Delhi Development Authority with approval of the Central Government has notified

T.N. Godavarman Thirumulpad Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Environment

Acts : Forest (Conservation) Act, 1980 - Sections 2; Environment (Protection) Act, 1986 - Sections 3, 3(2), 3(3), 4 and 5; Water (Prevention and Control of Pollution) Act, 1974; Air (Prevention and Control of Pollution) Act, 1981; Wild Life (Protection) Act, 1972 - Sections 18, 26A and 35; Comptroller and Auditor-General (Duties, Powers and Conditions of Service) Act, 1971 - Sections 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20; Bombay Public Trust Act, 1950 - Sections 57, 58 and 66; Indian Forest Act, 1878 - Sections 11, 20, 23, 25, 29, 30, 35 and 39; Indian Forest Act, 1927; Constitution of India - Articles 14, 21, 48A, 51A, 110, 110(1), 195, 199, 199(1), 266, 266(1), 266(2), 283, 284, 294 and 295; Environmental Law

Reported in : AIR2005SC4256; (2005)6CompLJ158(SC); JT2005(8)SC588; (2006)1SCC1; [2006] 3 SCR 1024

forest, the transit of forest produce and the duty leviable for timber and other forest produce, the Indian Forest Act, 1927 was enacted. To further tighten the management and regulation, the FC Act of 1980 was enacted. It became … such a provision. This argument was rejected by this Court by holding that the Administration Fund constituted under Section 57 of Bombay Public Trust Act was a Special Fund which was to be applied exclusively for payment of

Planters Forum Vs. State of Kerala

Court : Kerala

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 … stand in the way of the court examining the constitutional validity of any particular provision of the Act." 57. Constitution Bench of the Supreme Court had occasion to consider challenge to constitutionality of the W.P(C) No.26691 of

Ghatge Patil Transport Limited, a Company Incorporated Under the Provi ...

Court : Mumbai

Subject : Criminal

Acts : Indian Forest Act, 1927 - Sections 2, 2(4), 2(6), 2(7), 20, 29, 44(2), 44(2A), 52, 52(1), 52(2), 52(1A), 55, 56, 57, 59, 60, 61A to 61F, 62 and 62(2); Wild Life (Protection) Act, 1972 - Sections 58A, 58E, 58H and 58H(1); Maharashtra Private Forests (Acquisition) Act, 1975; Mines and Minerals (Regulation and Development) Act, 1957; Code of Criminal Procedure (CrPC) , 1973 - Sections 451, 457 and 482; Constitution of India - Article 19(1), 48A, 51A, 300A and 301

Reported in : 2008(1)ALLMR497

the present petition, the petitioners are challenging the constitutional validity of Sections 52 and 52(1-A) of the Indian Forest Act, 1927, as applicable to the State of Maharashtra, hereinafter called as 'the said Act', being violative of Article 19(1)(g) … Act provides that when an order for confiscation of the property has been passed under Section 55 or Section 57, as the case may be, the period limited by Section 59 for an appeal from such order has