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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 produce belonging to the Government and that no material has been placed to rebut the presumption under section 69 of the said Act. Accordingly, the Magistrate came to the conclusion that the Court had no jurisdiction to

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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 … guilty of the offences alleged against him. More surprising is that the learned Judge ignored the provisions of Section 69 of the Act which expressly raises a statutory presumption against a person arraigned that the forest produce recovered

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Oct 23 2013

Arjun Ratansing Jadhav Vs. the State of Maharashtra, Through Secretary ...

Court : Mumbai Aurangabad

Decided on : Oct-23-2013

Subject : Education

for examination previous to the grant of a pass in respect thereof. (viii) As per provisions of Indian Forest Act 1927, Section 69 which states as under ; Sec. 69- Presumption that the Forest Produce belongs to Government - When in … dated 6th September 2013 is extended till 23rd November 2013. Constitution of India - Article 226 - Indian Forest Act 1927, Section 69 - Forest Rights Act, 2006 - Section 3 , Section 4 ,Section 6, - Maharashtra Minor Forest Produce

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Feb 12 2004

State of Himachal Pradesh Vs. Dhanwant Singh

Court : Supreme Court of India

Decided on : Feb-12-2004

Subject : EnvironmentCriminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 397, 401 and 482; Indian Forest Act, 1927 - Sections 5, 6, 52(A), 52(B), 59, 59(A), 59(B), 59(2), 59(3) and 69; Indian Forest Act (Himachal Pradesh Amendment) Act, 1991; ;Constitution of India - Articles 32, 226 and 227

Reported in : AIR2004SC1636; 2004CriLJ1431; JT2004(2)SC367; 2004(2)SCALE423

judgment dated 13.12.1993 of learned Additional Sessions Judge, Solan, in an appeal under Section 59(2) of the Indian Forest Act, 1927 (in short the 'Act') as amended by the Indian Forest Act (Himachal Pradesh Second Amendment Act, 1991), (hereinafter … wrong. The statutory presumption regarding the ownership of the property by the State was available in terms of Section 69 of the Act. The Trial Court proceeded on erroneous basis as if there was no dispute or claim

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Jul 06 2012

State of Maharashtra Vs. Bhaurao Daulat Yedama and Others

Court : Mumbai Nagpur

Decided on : Jul-06-2012

Subject : Land Acquisition

Saw Mill as also the panchanama regarding seizure of the wood. It is argued that the presumption under Section 69 of the Indian Forest Act, 1927 was not rebutted by the accused. He prayed to quash and set … whereby the respondents/accused were acquitted of the offences punishable under Section 26 (i) (d),(f), (g) of the Indian Forest Act, 1927 read with Rules 3, 17, 23 and 25 of the Bombay Transit of Forest Produce (Vidarbha Region, Saurashtra

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Jul 06 2012

State of Maharashtra Vs. Bhaurao Daulat Yedama and Others

Court : Mumbai Nagpur

Decided on : Jul-06-2012

Subject : Land Acquisition

Saw Mill as also the panchanama regarding seizure of the wood. It is argued that the presumption under Section 69 of the Indian Forest Act, 1927 was not rebutted by the accused. He prayed to quash and set … whereby the respondents/accused were acquitted of the offences punishable under Section 26 (i) (d),(f), (g) of the Indian Forest Act, 1927 read with Rules 3, 17, 23 and 25 of the Bombay Transit of Forest Produce (Vidarbha Region, Saurashtra

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Nov 18 2008

Mohd. Ashique Vs. State of Maharashtra

Court : Supreme Court of India

Decided on : Nov-18-2008

Subject : Criminal

Acts : Indian Forest Act, 1927 - Sections 52(2), 61, 61A, 61B, 61B(2), 61C, 61D, 61E, 61F, 61G and 69; Constitution of India - Articles 48A, 51A, 226 and 227

Reported in : 2008AIRSCW7783; AIR2009SC624; [2009(1)JCR165(SC)]; RLW2009(2)SC2006; (2009)1SCC368; 2009(91)SCC(Cri)502.

order of confiscation passed by the Assistant Conservator of Forest (Authorised Officer) under Section 61-A of the Indian Forest Act, 1927 (in short the `Act'). The truck was found involved in forest offence on 7.1.1999. It was found that … or Tribunal authority with regard to custody, possession, delivery, disposal or distribution of property seized under above-mentioned provision. Section 69 makes a provision for presumption that forest produce is the property of Government until the contrary is proved.

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Oct 15 1999

Arun Kumar Vs. State of M.P.

Court : Madhya Pradesh

Decided on : Oct-15-1999

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 190, 437, 437(3), 438, 438(1) and 439; Indian Forest Act, 1927 - Sections 26(1), 41(2), 42 and 69; Madhya Pradesh Vanopaj Abhiyan Gaman Niyam, 1961 - Rules 23 and 29; M.P. Kast Chiran (Viniyaman) Act, 1984 - Sections 4; Indian Penal Code (IPC) - Sections 209, 379, 420, 468 and 471

Reported in : 2000CriLJ1644; 2000(2)MPLJ184

Section 190(c) of the Code for offences punishable under Sections 26(1)(Ga)(Cha), 41(2)(Kha)(Ga)(Gha), 42 and 69 of the Indian Forest Act 1927 and under Rules 23 and 29 of M.P. Vanopaj Abhiyan Gaman Niyam 1961 and under Section 4 of

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Sep 04 1989

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

Court : Allahabad

Decided on : Sep-04-1989

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 … relevant provision of the Act. It is regarding presumption attached to the forest produce. It runs as under :--Section 69. 'When in any proceedings taken under this Act, or in consequence of anything done under this Act, a

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Jun 27 1989

Meena Ram Vs. State of H.P. and anr.

Court : Himachal Pradesh

Decided on : Jun-27-1989

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1974 - Sections 313, 401, 452, 497 and 517; ;Indian Penal Code (IPC) - Section 379; ;Indian Forest Act, 1927 - Sections 41, 42 and 69; ;Himachal Pradesh Land Preservation Act, 1978; ;Constitution (Fortysecond Amendment) Act, 1976; ;Constitution of India - Article 48A

Reported in : 1990CriLJ1347

were prosecuted under Section 379 of the Indian Penal Code and Sections 41 and 42 of the Indian Forest Act, 1927. It is alleged that on 19-11-1982, Kedar Singh, Inspector C.I.D., was present at Kotkhai in connection with some … case by the prosecution indicate that the property belongs to the Government. It is relevant to refer to Section 69 of the Indian Forest Act :'When in any proceedings taken under this Act, or in consequence of anything

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