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The State of Maharashtra Vs. Kisan Rupaji Ghatal

Court : Mumbai

Subject : Criminal

Reported in : (1978)80BOMLR93; 1978MhLJ618

The correctness of the said order of acquittal is challenged in this appeal.7. Section 26 of the Indian Forest Act, 1927, deals with acts prohibited in the forests. After having dealt with the prohibited acts, Sub-section (1) of Section … of the Indian Forest Act. The forest officer thereafter in exercise of the powers conferred on him under Section 68(1)(a) of the Act, took an undertaking in writing from the respondent-accused to pay the amount of compensation mentioned

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 … was urged that having regard to the specific and general rule making power contained in Section 29(2)(h) and Section 68 of the A.P. Forest Act, it must be held that as the specific provision cannot have any application,

State of Jharkhand and anr. Vs. Govind Singh

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Forest Act, 1927 - Sections 26, 33, 52, 52(3), 52(4), 52(5), 63 and 68; Bihar Forest (Amendment) Act, 1990; Constitution of India - Article 226

Reported in : AIR2005SC294; 2005(1)ALD(Cri)398; 2004(52)BLJR2340; [2005(1)JCR1(SC)]; JT2004(10)SC349; 2005(1)KLT34(SC); 2004(10)SCALE174; (2005)10SCC437

Court at Ranchi holding that even though there was no specific provision in Section 52(3) of the Indian Forest Act, 1927 (in short the 'Act') as amended by Bihar Act 9 of 1990 (hereafter referred to as the 'Bihar … release by imposing fine in lieu of confiscation. 24. The matter can be looked at from another angle. Section 68 of the Act reads as follows:'Section 68 Power to compound offences: (1) The State Government may, by notification

Zubair Alam Vs. State of Bihar and ors.

Court : Patna

Subject : Criminal

sides, it would be appropriate to deal with about the legal provisions as laid down under the Indian Forest Act, 1927. Section 52(1) of the Indian Forest Act reads as follows:When there is reason to believe that a forest-offence has … in such a manner.9. It is true that there is a provision in the Indian Forest Act being Section 68 for compounding the offence, which reads as follows:SectiOn-68Power to compound offences- (1)....(2) On the payment of such sum

Pijush Kanti Mondal Vs. State of West Bengal

Court : Kolkata

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. … the concerned property, which may include vehicle, on execution of bond by the owner will not be available.10. Section 68 relates to power to compound offences and provides that the State Government may empower a forest officer to

Dilip Kumar Pandey Vs. State of Bihar and ors.

Court : Patna

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 … provision of Section 52 prescribes a detailed procedure for confiscation of the forest produce and the vehicle etc.8. Section 68 of the Central Act, which deals with power to compound offences has also been substituted by Bihar Act

Kamal Kishore and ors. Vs. State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Subject : Civil

Acts : Gwalior State Forest Act Samvat, 1962 - Sections 5 and 6; Madhya Bharat Forest Act Samvat, 2007 - Sections 86; Madhya Bharat Forest Act Samvat, 1950; Madhya Pardesh Extension of Laws Act, 1958 - Sections 6; Indian Forest Act, 1927 - Sections 4, 20A, 20A(1), 20A(2), 20A(4), 26, 33, 68 and 82; ;Madhya Pradesh Forest (Amendment) Act, 1965 - Sections 20; Forest Act, 1905; Madhya Pradesh Extension of Laws Act - Sections 6.1; Indian Forest (Madhya Pradesh Amendment) Ordinance, 1964; ;Forests (Conservation) Act, 1980 - Sections 2

Reported in : AIR2006MP167; 2006(2)MPHT45; 2007(1)MPLJ181

forest.7. In order to save the forest lands, the Legislature has amended and inserted Section 20A in Indian Forest Act, 1927 by State Amendment No. 9 of 1965. It is provided by the amendment that entire lands declared as … dues as arrears of land revenue. The interpretation of Courts so far, has been that compensation levied under Section 68 is not covered by this Section and is not recoverable as, arrears of land revenue. It is considered

State of Gujarat Vs. Rathod Manpritsinh Mahendrasinh

Court : Gujarat

Subject : CriminalEnvironment

Acts : Indian Forests Act, 1927 - Sections 41, 52, 61(A), 61(B), 61(B)(2), 61(D), 61(D)(2), 66, 67 and 68; Limitation Act - Sections 5; Minimum Wages Act - Sections 20; Bombay Forest Rules, 1942 - Rule 66; Code of Criminal Procedure (CrPC) , 1973 - Sections 320(8); Constitution of India - Articles 226 and 227

Reported in : 2001CriLJ4052

that case, the Learned Sessions Judge failed to look to the relevant provisions of section 61(B) of the Forest Act while deciding the appeal. It has been further held that though under Article 227 of the Constitution of … hence the wood as well as the offending vehicle were seized under Section 52 of the Indian Forests Act, 1927 (for short 'the Act'). The driver and the cleaner of the vehicle fled away leaving the offending vehicle … of Forests. It is taken up on record. As submitted by Mr.B.Y.Mankad, said order has been passed under Section 68 of the Act.4. As this petition is filed under Article 227 of the Constitution of India, it would

Joy Joseph Vs. D.F.O.

Court : Kerala

Subject : EnvironmentCriminal

Acts : Kerala Forest Act, 1961 - Sections 53, 55, 61A and 61B; Forest Act, 1927 - Sections 2(3), 52, 52(1), 52(3) and 68; Constitution of India - Article 226

Reported in : 2005CriLJ2405; 2005(2)KLT456

678, wherein the Apex Court has dealt with in detail the scope of Section 52(3) of the Indian Forest Act, 1927. That was a case where truck was found loaded with 11.8 tonnes of coal. Confiscation proceeding No. 3/1997 … interfered with the order of the High Court and decided the scope of Section 52 as well as Section 68 of the Act and held as follows:-'Therefore, on a combined reading of Section 52 and Section 68 of

Smt. Pratima Ghosh and anr. Vs. State of West Bengal

Court : Kolkata

Subject : Criminal

Acts : Prevention or Damages of Public Property Act, 1934 - Section 3 ; ;Forest Act, 1927 - Section 17, 52, 59A to 59G, 60, 62, 63 and 68; ;West Bengal Forest Produce Transit Rules, 1959 - Rule 11; ;Constitution of India - Articles 32, 226 and 227; ;Code of Criminal Procedure (CrPC) , 1973 - Sections 397, 401 and 482

Reported in : (2006)2CALLT125(HC),2006(2)CHN586

contending that since the order passed by the learned District Judge in appeal under Section 59D(2) of the Forest Act, 1927, as amended by the W.B. Act 22 of 1988, is final, revision under Section 401 Cr.PC is not … release on payment of fine equivalent to the loss of the Government or value of the property. Furthermore, Section 68 of the Act, in its application to the State of West Bengal, empowers a Forest Officer to (a)