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K.K. Vasant Vs. State of Karnataka and Another

Court : Karnataka

Subject : Constitution

Acts : Constitution of India - Articles 32, 133 and 226; Karnataka Forest Act, 1964 - Sections 1; Karnataka Preservation of Trees Act, 1976; Forest Act, 1963; Forest (Conservation) Act, 1980; Environment Protection Act, 1986

Reported in : AIR1992Kant256; ILR1991KAR1301; 1991(2)KarLJ518

depots. Directing the respondent to amend the Forest Act, 1963 to express the intent of the legislation in Preamble and strict execution of the same. Strike down the Rules of grant of permit and licence to forest … intention of filing the writ petition had arisen in view of the absence of the provisions in the Forest Act, 1963 (apparently KaranatakaForest Act, 1963) to keep a check on the action of the respondents in order to achieve … in view of the absence of the provisions in the Forest Act, 1963 (apparently KaranatakaForest Act, 1963) to keep a check on the action of

State of Kerala and anr. Vs. the Gwalior Rayon Silk Manufacturing (Wvg ...

Court : Supreme Court of India

Subject : Constitution

Acts : Kerala Private Forests (Vesting and Assignment) Act 1971, - Sections 10, 11 and 17; Constitution of India - Articles 31A, 31A(1) and 31A(2)

Reported in : AIR1973SC2734; 1973(0)KLT896(SC); (1973)2SCC713; [1974]1SCR671

before the appointed day excluding-(A) lands which are gardens or nilams as defined in the Kerala Land Reforms Act, 1963 (1 of 1964); (B) lands which are used principally for the cultivation of tea, coffee, cocoa, rubber, cardamom … long as they remain vested in the Government, be deemed to be reserved forests constituted under the Kerala Forest Act, 1961 (4 of 1962) and the provisions of that Act shall, so far as may be, apply to … for the assignment thereof to agriculturists and agricultural labourers for cultivation. The preamble is as follows :'WHEREAS the private forests in the State of Kerala

Zilla Parishad, Bhandara Vs. Agricultural Produce Marker Committee, Ti ...

Court : Mumbai

Subject : Constitution

Acts : Central Provinces and Berar Agricultural Produce Market Act, 1935 - Sections 3 and 4; Maharashtra Agricultural Produce Marketing (Regulations) Act, 1963 - Sections 2(1), 3 and 4

Reported in : AIR1974Bom128; 1974MhLJ378

the purpose of regulating agricultural produce marketing. The word 'agriculture', as normally used, will not include animal husbandry forest etc. as specified in the definition itself, and therefore, the said definition in clause (a) of Section 2 … Poona-1 dated 16-10-1970 and 15-11-1971 issued under section 3 and 4 of the Maharashtra Agricultural produce Marketing (Regulation) Act, 1963 (Act No. XX of 1964), hereinafter referred to an the Act. Under the Central Provinces and Berar Agricultural … for us to accept this contention of Shri Chandurkar also.9. From the preamble of the Act it is quite clear that the present Act has

State of Kerala and anr. Vs. K. Thomas Sebastian

Court : Kerala

Subject : Property

Acts : Kerala Private Forests (Vesting and Assignment) Act, 1971 - Sections 8B; Kerala Private Forests (Vesting and Assignment) (Amendment) Act, 1986

Reported in : AIR1998Ker44

for review of decisions of Tribunal :-- (1) Notwithstanding anything contained in this Act or in the Limitation Act, 1963 (Central Act 36 of 1963), or in any other law for the time being in force, or in … Dhinakar, J.1. The only question thatarises for consideration in this M.F.A. is whether the Forest Tribunal has jurisdiction to entertain a petition under Section 8-B of the Kerala Private Forests (Vesting and Assignment) … time until it became Amendment Act 36/ 86 as mentioned above. The preamble to Act 36/ 86 contains the reason for the amendment. The recitals

The Gwalior Rayon Silk Mfg. (Wvg.) Co. Ltd., Birlakootam Mavoor, Kozhi ...

Court : Kerala

Subject : Constitution

Acts : Kerala Private Forests Vesting and Assignment Act, 1971 - Sections 2 and 3; Constitution of India - Articles 31A and 254; Evidence Act, 1872 - Sections 115

Reported in : AIR1973Ker36

thereof shall stand extinguished. Under Sub-section (4) of the Section, notwithstanding anything contained in the Kerala Land Reforms Act. 1963. private forests are to be deemed to be lands to which Chapter in of the Land Reforms Act … of Article 31-A.2. The provisions of the Act are briefly these: The preamble states that private forests in Kerala are agricultural lands and that the … Gopalan Nambiyar, J.1. These writ petitions attack the constitutional validity of the Kerala Private Forests Vesting and Assignment Act 26 of 1971 passed into law on 23-8-1971 replacing an earlier Ordinance 14 of

S.S. Bola and Others Vs. B.D. Sardana and Others

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Article 309, 3; Punjab Service of Engineers, Class I, PWD (Buildings and Roads Branch), (Public Health Branch) Rules, 1960 - Rule 3(2);

Reported in : AIR1997SC3127; JT1997(6)SC637; 1997(5)SCALE90; (1997)8SCC522; [1997]Supp2SCR507

point was also answered accordingly. 120. In S.R. Bhagwat v. State of Mysore36 the employees working in the Forest Service as Deputy Conservators of Forests were governed by the Mysore State Civil Services (Regulation of Promotion, Pay … the Act was held unconstitutional. In K. Sankaran Nair v. Devaki Amma Malathy Amma39 the Kerala Land Reforms Act, 1963 barred creation of leases. A judgment was rendered by the Court declaring that such leases were invalid and … the Statement of Objects and Reasons to enact the law, is impermissible. Preamble is the key to open the mind of the maker of the … K. RAMASWAMY, J. (dissenting) 1. Application/s for impleadment allowed. 2. These appeals and transfer cases are wrapped

Agricultural Market Committee Vs. Mandal Revenue Officer, Chittoor and ...

Court : Andhra Pradesh

Subject : Property

Acts : Andhra Pradesh Non-agricultural Land Assessment Act, 1963 - Sections 12(C); Agrucultural Market Committe Constituted under Andhra Pradesh (Agricultural and Livesstock) Markets Act, 1966; Andhra Pradesh Non-Agricultural Land Assessment Rules; Andhra Predesh General Clauses Act - Sections 3 (31); Land Acquisition Act, 1894 - Sections 6; Bombay General Clauses Act, 1904 - Sections 3 (26); Gujarat Agricultural Market Act, 1963; General Clauses Act, 1897 - Sections 3; Income Tax Act, 1961 - Sections 10 (20); Uttar Pradesh Forest Corporation Act - Sections 17

Reported in : 1999(6)ALD344; 1999(6)ALT49

powers of the Central Government were described as usual supervisory powers.'8. In Commissioner of Income Tax v, U.P. Forest Corporation, (supra), Kirpal, J., speaking for the Supreme Court, after referring to the decision in R.C. Jain's case … the Mandal Revenue Officer or the Mandal Revenue Inspector under the provisions of the A.P. Non-Agricultural Land Assessment Act, 1963, herein after referred to as 'NALA Act'. The tax demanded pertains to several years/faslies. In almost all the … public, namely, the growers or ryots and even the trading community. The preamble of the 'Markets Act' says that it is meant to regulate purchase … under the provisions of the A.P. (Agricultural Produce and Live-stock) Markets Act, 1966, hereinafter referred to as the 'Markets Act' have questioned the demand notices

Pioneer Rubber Plantation, Nilambur Vs. State of Kerala and Another

Court : Supreme Court of India

Subject : Environment

Acts : Kerala Private Forests (Vesting and Assignment) Act, 1971 - Sections 2; Constitution of India - Article 133(1); States Reorganisation Act, 1956 - Sections 5; Madras Preservation of Private Forests Act, 1949; Kerala Land Reforms Act, 1963 - Sections 72, 82 and 84; Kerala Forest Act - Sections 4, 7, 8, 10, 11, 13 and 15

Reported in : AIR1993SC192; JT1992(5)SC144; 1992(2)SCALE231; (1992)4SCC175; [1992]3SCR972; 1992(2)LC724(SC)

the appointed day excluding (A) lands which are gardens or nilams as defined in the Kerala Land Reforms Act, 1963 (1 of 1964); (B) lands which are used principally for the cultivation of tea, coffee, cocoa, rubber, cardamom … the Act then states that the private forests shall be deemed to be reserved forests under the Kerala Forest Act so long as they remain vested in the Government. Section 8 provides for settlement of disputes which arise … it is necessary to understand the scheme of the Act.23. As the preamble of the Act states, private forests in the State of Kerala are

U.P. Forest Corporation Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Allahabad

Subject : Direct Taxation

Reported in : (1984)9ITD206(All.)

This is an appeal filed against the order dated 21-2-1980 of the learned Commissioner (Appeals) by the U.P. Forest Corporation--the assessee ('the corporation') for the assessment year 1976-77.2. The corporation was constituted by the UP State Government … in the case of Patel Premji Jiva (supra) that the market committee constituted under Gujarat Agricultural Produce Markets Act, 1963, is a local authority would, therefore, not help us. Similar would be the position of the decision in … Shri S.P, Gupta, the learned Counsel for the corporation, referring to the preamble and the various provisions of the 1974 Act, and submitted that the … 1. This is an appeal filed against the order dated 21-2-1980 of the

Salubai Ramchandra and ors. Vs. Chandu Saju and ors.

Court : Mumbai

Subject : Tenancy

Acts : Bombay Tenancy and Agricultural Lands [Vidrabha Region and Kutch Area] Act, 1958 - Sections 1 and 38(7); Constitution of India - Articles 13, 13(3), 14, 16, 19, 31, 31-A, 31-A(2), 200, 201 and 366(10); Evidence Act, 1872 - Sections 114; Berar Land Revenue Code, 1928 - Sections 53 and 54; Madhya Pradesh Land Revenue Code 1954

Reported in : AIR1966Bom194; (1966)68BOMLR295; 1966MhLJ289

any land held or left for purposes of agriculture or for purposes ancillary thereto, including waste of land forest land, land to including pasture or siestas of buildings and others structures, or occupied by cultivators of land, … of the section 38 of the by Maharashtra act No. XLIV of 1963. This amending act received also the assent of the president an was … on the 25th December 1958, is hereby published for general information.'(6) The Preamble to the Act is divided into two paragraphs and it is to … of a tenant under section 38(1) of the Bombay Tenancy and Agricultural Lands [Vidarbha Region and Kutch Area] Act, 1958, and for possession of that land is not entitled to any relief in respect of the land