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Kamla Kant Pandey Vs. Prabhagiya Van Adhikari and ors.

Court : Allahabad

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

to curtail mining operations in a protected area under the Act.Secondly Rule 41 of the Minor Mineral (Concession) Rules, 1963 with special reference to Sub-rule … 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 … mining lease and the subsequent cancellation 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 rights of the petitioner and, therefore,

S. Shankar Vs. State of Karnataka and anr.

Court : Karnataka

Subject : Criminal

Acts : Karnataka Forest Act, 1963 - Sections 24, 64A, 73 and 104; Code of Criminal Procedure (CrPC) , 1973 - Sections 155(2); Karnataka Forest Rules, 1969 - Rule 41 and 41(2)

Reported in : 2009(4)KarLJ637

against these petitioners are one under Section 24(f), 24(g) read with Rule 41, Sub-rule (2) of the Karnataka Forest Act, 1963 and Karnataka Forest Rules, 1969. However, the charge-sheet is filed only for the offences punishable under Sections 24(e),

S.D. Tiwari Vs. Gurmeet Singh Alias Billu and anr.

Court : Madhya Pradesh

Subject : Limitation

Reported in : 2009(1)MPHT525

An offence under Sections 379 and 420 of IPC read with Sections 41, 42 and 52 of the Forest Act was registered at Crime No. 90/86. Plaintiff was exonerated from the charges under Sections 379 and 420 of … conditions of transit pass issued by the forest department. An offence under Sections 379 and 420 of IPC read with Sections 41, 42 and 52 … perused the record.6. Suit for compensation for a malicious prosecution is governed by Article 74 of the Limitation Act, 1963, which reads as under:_______________________________________________________________________________Description of suit Period of limitation Time from whichperiod begins to run_______________________________________________________________________________74. For compensation One

State of Andhra Pradesh Vs. Yedla Perayya

Court : Supreme Court of India

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

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 … Article 134(1)(c) of the Constitution. 4. The Andhra Pradesh (Andhra Area) Forest Act 5 of 1882, provides by Section 41 that when there is reason to believe that a forest offence has been committed in respect of any … 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

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

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. … supplied to the petitioner.14. Section 42 reads thus:Injunction to perform negative agreement.-Notwithstanding anything contained in Clause (e) of Section 41, where a contract comprises an affirmative agreement to do a certain act, coupled with a negative agreement, express … 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

Sawai Madhopur Oil and Pulse Industries and ors. Vs. State of Rajastha ...

Court : Rajasthan

Subject : Constitution

Reported in : 2001(3)WLC419; 2003(1)WLN255

K. Krishnan, reported in : 2000CriLJ3971 , was considering a case of a forest offence, under the Karnataka Forest Act, 1963. In this case, the Supreme Court has observed that the provisions of the Act should be strictly complied … Our attention was also invited to the provisions of Section 5 Cr.P.C., Sections 4 and 9 C.P.C. and Section 41 I.P.C. The learned Advocate General relied on the following case laws in support of his various submissions:15. Superintendent

State of Uttaranchal Vs. M/S. Kumaon Stone Crusher

Court : Supreme Court of India

Subject : Right to Information

vs. Cantreads Pri­ vate Limited and others (1994) 4 SCC 455. This Court had occasion to consider Karnataka Forest Act, 1963. Caoutchouc or latex covers natural covering sheets of various grades or not, was the question under consider­ ation. … Pradesh, State of Uttarakhand and State of Madhya Pradesh is in question. 3. In exercise of power under Section 41 of Indian Forest Act , 1927 (hereinafter referred to as “1927 Act) rules have been framed by different

Rajeev Suri Vs. Union Of India

Court : Supreme Court of India

Subject : Land Acquisition

based on girth and age regulations and as prescribed by the Delhi Forest Department. In case of non- survival of any transplanted tree, compensatory plantation … from constitutional obligation of the Court, we may also note that the 2018 amendment to the Specific Relief Act, 1963 aligned the view of the legislature in this direction with the insertion of Section-20A and clause (ha) to … aligned the view of the legislature in this direction with the insertion of Section-20A and clause (ha) to Section-41 which prohibited the grant of injunction against infrastructural projects. The underlying legislative intent of the legislature is to

Sri. Ramappa @ Ramesh S/o. Dharmanna Madar Vs. The State Of Karnataka

Court : Karnataka Dharwad

Subject : Land Acquisition

THE PETITIONER IN BANAHATTI ROR CRIME NO.33/2020-21 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION80 84, 86 AND87OF KARNATAKA FOREST ACT, 1963, RULE144AND145OF KARNATAKA FOREST RULES, 1969 AND SECTION379OF IPC, BY THE RESPONDENT RANGE FOREST OFFICER, BANAHATTI RANGE, BAGALKOTE DIVISION, … IPC against the unknown accused persons. During the course of investigation, the Investigating Officer has issued notice under Section 41-A of Cr.P.C., calling upon the petitioner to appear before him for investigation. The said notice is dated 13.01.2021.

Kumar Stone Works Partner Inder Singh Son of Ram Prasad Singh and ors. ...

Court : Allahabad

Subject : Civil

Acts : Uttar Pradesh (Transport of Timber and other Forest Produce) Rules, 1978 - Rules 3, 4, 4(1), 5 and 15; Indian Forest Act, 1927 - Sections 2(4), 4, 20, 41, 41(2) and 76; Forest Conservation Act, 1980 - Sections 2(1); Uttar Pradesh Minor Minerals Concession Rules, 1963; Uttar Pradesh Transit of Timber and other Forest Produce (First Amendment) Rules, 2004

Reported in : 2005(3)AWC2177

the grit, boulder etc. from the land of village Billi Markundi notified under Section 4 of the Indian Forest Act, 1927 (hereinafter referred to as 'the Act'). They are carrying out mining operations in the forest land. It … State Government under the provisions of the U.P. Minor Minerals Concession Rules, 1963 @ Rs. 30/- per cubic metre. Prior to the amendment in the … State of Bihar and Ors., (1971) 2 SCC 236.19. Sri S.M.A.Qazmi, learned Chief Standing Counsel, submitted that under Section 41 of the Act, the State Government has been empowered to make rules to regulate the transit fee on