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Apr 20 2012

The Dy. Commissioner and Another Vs. Gidda and Others

Court : Karnataka

Decided on : Apr-20-2012

Subject : Constitution

Acts : Constitution of India - Articles 226, 227; Karnataka (Religious and Charitable) Inams Abolition Act, 1955 ; Mysore (Religious and Charitable) Inams Abolition Act, 1955. ; Mysore Forest Regulation, 1900 - Section 35 (1)(3), 2(2), 33; Karnataka Forest Act 1963 - Section 117, 106, 6; KCRIA Act - Section 3, 9(1), 3(g), 3(b), 7, 8; Karnataka Land Grant Rules

Reported in : 2012ILR(Kar)2275

to forests and forest produce in the State of Karnataka. In that regard, a reference to the Karnataka Forest Act, 1963 would indicate that the term ‘Reserved Forest’ is contained therein for the first time and Chapter-II relates to … it is contended that the notification dated 06.03.1928 is not valid inasmuch as the same is issued under Section 35 (iii) of the Regulations. It is further contended that the said Regulation only provides for Regulation of the

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Jul 05 2001

Mukund Shivaram Patil and ors. Vs. State of Maharashtra, Through Its S ...

Court : Mumbai

Decided on : Jul-05-2001

Subject : Property

Acts : Maharashtra Private Forests (Acquisition) (Amendment) Act, 1978 - Sections 7, 7(2), 15, 22A and 22A(4); ;Limitation Act, 1963 - Sections 4, 5, 12, 14, 29 and 29(2); Maharashtra Land Revenue Code, 1966 - Sections 150(2); Maharashtra Land Revenue (Register of Mutations) Rules - Rules 14 and 24; Maharashtra Private Forests (Acquisition) Act, 1975 - Sections 2, 6, 7, 9, 11, 12, 13, 15, 18 and 19; Indian Forests Act, 1927 - Sections 35 and 35(3); Land Acquisition Act - Sections 18(1)

Reported in : 2001(4)BomCR700; (2001)4BOMLR418; 2001(4)MhLj656

and vested in the State Government, shall cease to be a reserved forest within the meaning of the Forest Act, be deemed to have been regranted to the owner and shall be revested in him, subject, however, to … following grounds : Firstly, that the Additional Commissioner has completely overlooked the provisions of section 29 of the'Limitation Act, 1963. He contended that the Act of 1975 is special law and since there is no provision in the … within the meaning of section 2(f)(iii) of the Act of 1975. The mere Issuance of a notice under section 35(3) of the Indian Forests Act. 1927, is not sufficient and cannot be construed as a conclusive proof of

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Aug 28 2008

Siddeshwara International Vs. State of Karnataka Represented by Its Se ...

Court : Karnataka

Decided on : Aug-28-2008

Subject : PropertyEnvironment

Acts : Water (Prevention and Control of Pollution) Act; Air (Prevention and Control of Pollution) Act; Karnataka Land Reforms Act; Karnataka Forest Act, 1963 - Sections 4, 33(2) and 35; Environment (Protection) Act, 1986; Karnataka Preservation of Trees Act, 1976; Forest Conservation Act, 1980 - Sections 2; Constitution of India - Articles 48A, 51A and 226; Constitution of India (Amendment) Act, 1976; Environment (Protection) Rules, 1986

Reported in : ILR2009KAR1356; 2009(3)KCCRSN99; 2009(4)AIRKarR367

Matched in: Parties Siddeshwara International Vs. State of Karnataka Represented by Its Secretary, Department of Forest Ecology and Environment and ors.

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Nov 20 2004

Kamla Kant Pandey Vs. Prabhagiya Van Adhikari and ors.

Court : Allahabad

Decided on : Nov-20-2004

Subject : Environment

Acts : Wild Life (Protection) Act, 1972 - Sections 2(12), 2(12)B, 18A, 18(2), 20, 24, 24(2), 26A, 26A(3), 29 and 35; Wild Life Protection (Amendment) Act, 1991; Wild Life Protection (Amendment) Act, 2003; Indian Forest Act, 1927 - Sections 2 and 2(4); Minor Mineral (Concession) Rules, 1963 - Rule 41

Reported in : AIR2005All136; 2005(1)AWC877

shall have the same meaning as In Sub-clause (b) of Clause (4) of Section 2 of the Indian Forest Act. 1927 (16 of 1927) ; ]'12. The present writ petition came to be initially filed assailing the orders … thereof is governed by the provisions of the Minor Mineral (Concession) Rules, 1963, The power to cancel a lease necessarily implies the adjudication of the … be altered except with the prior concurrence of the Central Government as Is evident from the provisions of Section 35 of the Wild Life (Protection) Act. The State Government and the other authorities under the Wild Life (Protection)

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Dec 24 1971

The State of Madhya Pradesh Vs. Bootasingh Gopal Singh

Court : Madhya Pradesh

Decided on : Dec-24-1971

Subject : Commercial

Acts : Madhya Pradesh Forest Contract Rules - Rules 7, 8, 21, 21(1), 29 and 29(2); Forest Act, 1927 - Sections 82 and 83;

Reported in : AIR1972MP116; 1972MPLJ392

order a stoppage of working. The Divisional Forest Officer's coercive powers are given in Section 83 of the Forest Act. This contemplates two stages (a) the seizure of the forest produce and (b) the sale thereof. When there … forest contract granted to him by ordering a stoppage of working and, therefore, not entitled to recover Rs. 35,625/- towards the balance of the auction price; (ii) a permanent injunction restraining the State Government from recovering that

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Mar 04 2004

S. Murari and anr. Vs. State of Karnataka, by Range Forest Officer

Court : Karnataka

Decided on : Mar-04-2004

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 155(2), 156 and 482; Karnataka Police Act, 1963 - Sections 2(16), 19 and 20; Karnataka Forest Act, 1963 - Sections 62A, 62A(1) and 155

Reported in : 2004CriLJ2272; ILR2004KAR1706; 2004(6)KarLJ115

Matched in: Parties S. Murari and anr. Vs. State of Karnataka, by Range Forest Officer

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Mar 28 2001

Sanjeet Singh Grewal Vs. State of Punjab

Court : Punjab and Haryana

Decided on : Mar-28-2001

Subject : Constitution

Acts : Punjab Regional and Town Planning and Development Act, 1995 - Sections 2, 14, 17, 29, 31, 31(1), 42, 43, 56, 56(1), 67, 68, to 78, 81, 82, 148, 179 and 181; Constitution of India - Article 226; Punjab New Capital (Periphery) Control Act, 1952 - Sections 3, 3(2), 5, 10, 11 and 12; Punjab Regional and Town Planning and Development (General) Rules, 1995 - Rule 22; Land Acquisition Act, 1894 - Sections 4 and 5-A; Land Preservation Act; Forest Act; Punjab Scheduled Roads, and Controlled Areas Restrictions of Unregulated Development Act, 1963; Punjab Urban Estates (Development and Regulation) Act, 1964; Punjab Housing Development Board Act, 1972 - Sections 3, 15 and 16; Tamil Nadu State Housing Board Act, 1961 - Sections 35, 35(2) and (3) and 36

Reported in : AIR2001P& H261

A large part of this land is covered by the provisions of the Land Preservation Act and the Forest Act. Chunks of this land have been exchanging hands at a very low rate. The second category of land … deserves notice that the statute specially repeals the Punjab Scheduled Roads, and Controlled Areas Restrictions of Unregulated Development Act, 1963, and the Punjab Urban Estates (Development and Regulation) Act, 1964. It is further provided that the 'Punjab Housing … the case in the light of the peculiar provisions of the Tamil Nadu State Housing Board Act, 1961. Section 35 inter alia provided as under:'(1) Subject to the provisions of this Act, the Boardmay, from time to time,

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Apr 28 1989

Kamat Holiday Resorts Pvt. Ltd. Vs. Union of India (Uoi) and ors.

Court : Mumbai

Decided on : Apr-28-1989

Subject : Property

Acts : Forest (Conservation) Act, 1980 - Sections 2; Forest Act, 1927 - Sections 27; Government of Union Territories Act, 1963 - Sections 35; Evidence Act, 1872 - Sections 114 and 115; Goa, Daman and Diu Land Revenue Code, 1968 - Sections 26; Constitution of India - Articles 226, 239 and 299; Goa, Daman and Diu Land Revenue (Disposal of Government Lands) Rules, 1971 - Rules 33 and 35

Reported in : 1989(2)BomCR261; (1989)91BOMLR587

challenged the contention raised on behalf of the Department about the applicability of the provisions of the Indian Forest Act as also of the Forest (Conservation)Act, 1980 and contended that the said provisions have no application in view … on behalf of the President of India. This area is the Union Territory. The Government of Union Territories Act, 1963 (Act 20 of 1963) would have some relevance under which the 'Administrator' is defined as the administrator of … impugned order of the Collector directly offends the prohibition as prescribed in section 2 of the Forest (Conservation) Act since it has been done without … to temporary leases and reads as ---'Subject to the provisions of Rule 35 and to any general or special orders of Government, unoccupied land may

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Nov 04 1968

State of Andhra Pradesh Vs. Yedla Perayya

Court : Supreme Court of India

Decided on : Nov-04-1968

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 418, 419, 517, 518, 519 and 520; Code of Criminal Procedure (CrPC) , 1872 - Sections 419; Constitution of India - Article 19(1); Andhra Pradesh Forest Act, 1882 - Sections 35, 36 and 43

Reported in : AIR1970SC718; 1970CriLJ753; (1969)1SCC61; [1969]2SCR623

a complaint by the Forest Range Officer for offences under Sections 35 and 36 of the Andhra Pradesh Forest Act and the rules framed thereunder. The two accused admitted that they had committed the offences of illicit transportation … respondent Yedla Perraya was seized by the Forest Range Officer, Gokavaram, early in the morning of December 25, 1963, when it was being used without a licence for carrying eight Yegisi logs on Rajamundry-Gokavaram Road. The driver … Rajamundry on a complaint by the Forest Range Officer for offences under Sections 35 and 36 of the Andhra Pradesh Forest Act and the rules

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Sep 19 2014

Sri Srinivasa Minerals Trading Company Vs. State of Karnataka

Court : Karnataka

Decided on : Sep-19-2014

Subject : Land Acquisition

operated the mining lease in an illegal manner but they have been involved in offences under the Karnataka Forest Act, 1963, the Forest (Conservation) Act, 1980. Ultimately, the M.L. No.2173 having fallen into category ‘C’, the mine has been … whereby - 28 - fictitious and unauthentic survey numbers from 5 to 35 have been carved out with no change to the legal status of … behalf of some of the lessees that dumping of mining waste (overburden dumps) do not constitute operations under Section 2(d) of the MMDR Act is too naïve for acceptance. The wide terms of the definition contained in

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