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State of Kerala and anr. Vs. Popular Estates and anr.

Court : Supreme Court of India

Subject : PropertyCivil

Acts : The Kerala Private Forests (Vesting and Assignment) Act, 1971 - Sections 3, 3(2), 6 and 8; Kerala Land Reforms Act, 1963 - Sections 81 and 85(9A); Kerala Land Reforms (Ceiling) Rules, 1970 - Rule 10

Reported in : 2004(9)SCALE263; (2004)12SCC434

mention here that the respondents had filed a draft statement under the provisions of the Kerala Land Reforms Act, 1963. Section 81 of this Act inter alia exempts private forests and plantations. Rule 10 of the Kerala Land Reforms … would be a piece of evidence, but it cannot be treated as binding on the authorities under the Forest Act. 12. Learned counsel for the respondents produced before us copies of registered deeds and contended that these formed

Jai Lal Vs. the Punjab State and anr.

Court : Delhi

Subject : Civil

Acts : Limitation Act, 1908 - Schedule - Articles 2 and 49; Limitation (Amendment) Act, 1963 - Schedule - Articles 72 and 91; Patiala Forest Rule - Rule 10; Patiala Forests Act - Sections 76

Reported in : AIR1967Delhi118

Articles 2 and 49 of Schedule to Limitation Act, 1908, Articles 72 and 91 of Schedule to Limitation Act, 1963, Section 76 of Patiala Forests Act and Rule 10 of Patiala Forest Rule - Article 2 affords prtoection to

Dirk India Pvt. Ltd. Vs. Mahagenco

Court : Mumbai

Subject : ArbitrationCivil

Acts : Forest Conservation Act, 1980; Arbitration Act - Sections 9 and 11; Specific Relief Act, 1963 - Sections 10, 41 and 42; Environmental Protection Act; Environmental Protection Rules

Reported in : 2007(5)BomCR207

could be granted. Specific performance of such contract could not be granted in view of Explanation (ii) to Section 10 of the Specific Relief Act, 1963. He further submitted that in any event, the contract for supply of … issued by the Government of India in the Ministry of Environment and Forest inter alia setting out guide-lines for the disposal of the fly ash. … negative injunction restraining sale to a third party could be granted under Section 42 of the Specific Relief Act, 1963.8. In order to support his submissions, Mr. Dada referred to and relied upon the following decisions:(i) (Sky Petroleum

Mspl Limited, Rep by Its Executive Director. Vs. the State of Karnatak ...

Court : Karnataka

Subject : Mines And Minerals

Acts : Constitution Of India - Articles 226, 227; Mineral Concession Rules, 1960 - Rules 59, 30, 7A(1), 60, 24A95); Mines and Minerals (Development & Regulation) Act, 1957 - Sections 30, 11(2), 17A

Reported in : 2009(1)KCCR5(SN)

context of the various statutory enactments such as Forest Act, 1927 [and in the case of Karnataka, Karnataka Forest Act, 1963 also] Forest [Conservation] Act, 1980, Environment [Protection] Act, 1986, Wildlife Protection Act, 1972 and the supporting Rules both … of hearing to the applicants and had made recommendations in favour of 10 of the applicants, whose applications he had considered. It is stated that … central government in terms of the communication dated 6-12-2004 [copy at Annexure-K to the writ petition] as per Section 5(1) of the Act and as no more land is available for grant of lease in favour of

ibex Gallagher Praviate Ltd. Represented by Its Manager (Finance), Mr. ...

Court : Karnataka

Subject : Contract

Acts : Companies Act, 1956; Karnataka Forest Act, 1963 - Sections 109; Karnataka Forest Act, 1927 - Sections 82; Sale of Goods Act - Sections 54(4); Uttar Pradesh Public Moneys (Recovery of Dues) Act, 1972 - Sections 3; Karnataka Land Revenue Act, 1964

Reported in : 2009(6)KarLJ687

(he concerned personnel of the respondent.6. However, the respondents having chosen to invoke Section 109 of the Karnataka Forest Act, 1963 and have sought to raise a dispute in respect of the contract. It is in this background that … on or before 30.6.2007.5. This was challenged by the petitioner by way of a writ petition in WP 10092/2007. The petition was disposed of by this Court, with a direction lo the respondents lo consider the order

Kanyakumari District Planters Association, Nagarcoil rep., by its Secr ...

Court : Chennai

Subject : Land Acquisition

State. The statement of objects and reasons stated that the private forest as defined in Kerala Land Reforms Act, 1963, were exempted from ceiling thereunder and that with high density of population, there was scarcity of lands and … regular and systematic cultivation. Referring to the definition of 'Forest' as defined under Section 2(aa) of the Private Forest Act, it was submitted that a word 'Forest' as understood in common parlance is a large uncultivated tract of … Act, 1882, has been made applicable subject to certain modifications in which penalties and procedures have been stipulated. Section 10 is the rule making power of the State Government for carrying out the purposes of the Act. 22.

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 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 … 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 … extinguishment of the right, title and interest of the owner or any other person in such private forest.26. Section 10 then provides firstly, for reserving such extent of the private forests vested in the Government under Sub-section 3

Sri Anil Colaco S/O. J.S. Colaco, Coffee Planter Vs. the Authorized Of ...

Court : Karnataka

Subject : Environment

Acts : Karnataka Forest Act, 1963 - Sections 20, 29, 44, 44(2), 44(2A), 45, 58A, 62(1), 62(2), 62(3), 71A to 71G and 104A; Karnataka Forest (Amendment) Act, 1976; Andhra Pradesh Forest Act - Sections 44 and 45; Constitution of India - Articles 226 and 227

Reported in : 2009(5)KarLJ249

a security. It is further averred that the 2nd respondent initiated proceedings under Section 71(A) of the Karnataka Forest Act, 1963 (hereinafter referred to as 'Act'). The petitioner filed objections to the said proceedings and the 2nd respondent, without … of the appellant/writ petitioner, were illegally transporting the rosewood logs in the said lorry without any permit. Section 104A of the Karnataka Forest Act states that no person other than the State Government or the officers of

C. Rangappa Lachmiah and ors. Vs. the Range Forest Officer, Raichur an ...

Court : Karnataka

Subject : Commercial

Acts : Mysore Forest Rules, 1969 - Rules 163, 163(1), 163(2), 164 and 165; Constitution of India - Articles 19(1) and 226; Mysore Forest Act, 1963 - Sections 30, 33, 38, 50, 50(2), 54(3), 59, 97, 101 and 102; Banking Companies Act, 1949 - Sections 10; Mysore Forest Act, 1900; Rice Milling Industry (Regulation) Act, 1958 - Sections 5 and 6(1); Industries (Development and Regulation) Act, 1951 - Sections 10(1)

Reported in : AIR1972Kant76; AIR1972Mys76

down Rules 163 and 164 of the Rules as being ultra vires of Section 50 of the Mysore Forest Act. 1963. (hereinafter referred to as the Act), and as being violative of clauses (g) and (f) of Article 19(1) … the Supreme Court in Central Bank of India v. Their Workmen, : [1960]1SCR200 . The relevant part of Section 10 of the Banking Companies Act, 1949, prior to its amendment in 1956, was in these terms: 10 (1)

Anant Ram Negi Vs. State of H.P. and ors.

Court : Himachal Pradesh

Subject : Criminal

Acts : Himachal Pradesh Private Forest Act, 1955 - Sections 4, 10 and 11; ;Limitation Act, 1963 - Schedule - Articles 80 and 91; ;Forest Act, 1927 - Section 52

Reported in : AIR2003HP114

release of the seized timber/trees in favour of the plaintiff and such orders between the parties became final.23. Section 10 of the H. P. Private Forest Act reads as under :--'10. Restriction of right of landlord or persons … the H.P. Land Preservation Act, Section 379 of the Indian Penal Code and Section 33 of the Indian Forest Act. The value pf the seized trees and the timber was assessed in the sum of Rs. 9,30,980/-. On … and consequently Article 2 was not applicable and Article 49 (which corresponds to Article 91 of the Limitation Act, 1963) was held applicable to the suit.43. In Mangalji Chotelal's case supra the Officers of the Civil Supplies Department