Judgment Search Results Home > Cases Phrase: forest act 1963 section 115 forest officer not to trade Court: mumbai Page 1 of about 3,563 results (0.315 seconds)

Deepak Ramdeo Jaiswal and Another Vs. State of Maharashtra

Court : Mumbai Nagpur

..... it appears from the impugned order that the cognizance of the offence punishable under section 63 of the indian forest act was taken by the predecessor of the learned magistrate who has passed the impugned order. ..... section 52 of the indian forest act obviously has been wrongly applied as the same is not punishing section. 4. ..... the grievance of the petitioners is that no case at all of any nature punishable under section 63 of the indian forest act was made out against the petitioners and other accused. ..... the learned magistrate has not taken into consideration as to whether the material before him made out a case for the offence punishable under section 63 of the indian forest act. ..... the petitioners are at liberty to move fresh application for discharge under section 245(2) of the criminal procedure code, or any other provisions of the criminal procedure code and they are also at liberty to raise the issue of limitation in view of the fact that the offence punishable under section 33 of the indian forest act attracts only one year punishment. ..... once there is discharge of the petitioners from the offence punishable under section 63 of the indian forest act, the chargesheet filed by the forest department will be beyond limitation period. ..... if the respondent/forest department are unable to show that there was material for the offence punishable under section 63 of the indian forest act, the petitioners will be entitled for discharge under section 245(2) of the criminal procedure code. .....

Satelite Developers Limited and Another Vs. State of Maharashtra and O ...

Court : Mumbai

..... section 2(f)(iii) of the private forests act is in a sense a saving clause for pipeline notices issued under section 35(3) of the forest act but which could not, for want of adequate time be either withdrawn or culminate in the issuance of a regulatory or prohibitory final notification under section 35(1) of the forest act, depending on the objections raised by the landowner. ..... given this factual scenario, we agree that section 2(f)(iii) of the private forests act is not intended to apply to notices that had passed their shelf life and that only "pipeline notices" issued in reasonably close proximity to the coming into force of the private forests act were "live" and could be acted upon." "74. ..... looked at from any point of view, it does seem clear that section 2(f)(iii) of the private forests act was intended to apply to "live" and not stale notices issued under section 35(3) of the forest act." 10. ..... a notice under section 35(3) of the forest act is intended to give an opportunity to the owner of a forest to show cause why, inter alia, a regulatory or a prohibitory measure be not made in respect of that forest. ..... it is not in dispute that notices under section 35(3) of the indian forest act, 1927 were issued sometime in 1956 in respect of these lands. .....

Oberoi Constructions Private Limited a Company Registered Under the Co ...

Court : Mumbai

Reported in : 2008(3)ALLMR546; 2008(3)BomCR408; (2008)110BOMLR951

..... nariman, then, emphasized that on a true construction of 1975 act a 'private forest' not only means any forest which is not the property of government (as defined in section 2(c-i) but includes (i) any land declared before 30th august, 1975 to be a forest under section 34a of the forest act (section 2(f)(i);(ii) any forest in respect of which a notification under section 35(1) of the forest act is in force immediately before 30th august, 1975 (section 2(f)(ii) and (iii) any land taken over as forest pursuant to an application by the owner himself under section 38: (section 2(f)(iii). ..... needless to say the absence of notification under section 35(1) of the forests act could not be treated as a ground to declare the land in question as outside the definition of expression 'private forest' as was done by the sub divisional officer/deputy collector, panvel. ..... for properly appreciating the rival contentions, it would be necessary to refer to 1927 act and the private forest act, 1975.115. ..... case of m/s jit ram shiv kumar (supra), the municipal committee of bahadurgarh town to develop a mandi promised that the traders who purchase plots in mandi would be exempted from paying octroi duty on goods imported for trade to the mandi. ..... c/lnd/sr i dated 19th july, 1963 to burroughs welcome. .....

Ankush Keshav Bowledkar Vs. State of Maharashtra and Others

Court : Mumbai

Reported in : 1999(1)BomCR165

..... forests act defines various expressions relevant for the purposes of private forests act and clause (f) of section 2 which defines private forest reads thus :'2 (f), private forest means any forest which is not the property of government and includes, (i] any land declared before the appointed day to be a forest under section 34-a of the forest act; (ii) any forest in respect of which any notification issued under sub-section (1) of section 35 of the forest act, is in force immediately before the appointed day; (iii) any land in respect of which a notice has been issued under sub-section (3) of section 35 of the forest act ..... (3) no notification shall be made under sub-section (1) nor shall any work be begun under sub-section (2), until after the issue by an officer authorised by the state government in that behalf of a notice to the owner of such forest calling on him to show cause within a reasonable period to be specified in such notice why such notification should not be made or work constructed as the case may be, and until his objections, if any, and any evidence he may produce in support of the same, have been ..... the petitioner and owners accordingly approached the divisional forest officer and the conservator of forests that it be declared that provisions of private forests act are not applicable to the said lands. .....

Sinhagad Technical Education Society, through its duly Authorized Pres ...

Court : Mumbai

..... property of government and includes, - (i) any land declared before the appointed day to be a forest under section 34a of the forest act; (ii) any forest in respect of which any notification issued under sub-section (1) of section 35 of the forest act, is in force immediately before the appointed day; (iii) any land in respect of which a notice has been issued under sub-section (3) of section 35 of the forest act, but excluding an area not exceeding two hectares in extent as the collector may specify in this behalf; (iv) land in respect of which a ..... shall be made under sub-section (1) nor shall any work be begun under sub-section (2), until after the issue of a notice to the owner of such forest or land calling on him to show cause, within a reasonable period to be specified in such notice, why such notification should not be made or work constructed, as the case may be, and until his objections, if any, and any evidence he may produce in support of the same, have been heard by an officer duly appointed in that behalf ..... that in respect of the land bearing gat no.311 (survey no.130/1), order no.409 dated 21st august, 1979 was passed by the sub-divisional officer, pune under section 22a of the said act of 1975. ..... - the notice referred to in sub-section (1) of section 36 and the order, if any, made placing a forest under the control of a forest officer shall be served on the owner of such forest in the manner provided in the code of civil procedure, 1908, for the service of .....

Yakub Haji Haroon Khan Vs. the State of Maharashtra and ors.

Court : Mumbai

Reported in : 1996(2)BomCR42; (1996)98BOMLR42

..... zambre, learned assistant government pleader has submitted that the action taken by the 2nd respondent for calling for the records on 4th january, 1985 was not barred by limitation since, in his submission, the limitation of one year as mentioned in section 18 of the private forest act is not to be reckoned from the date of the said order from the date of its communication but from the date of acquisition of knowledge by the 2nd respondent of the so called irregularity. ..... view of the matter, we are of the view that the action taken by the 2nd respondent in calling for the records of proceedings before the 3rd respondent was after the expiration of the period of limitation as prescribed in section 18 of the private forest act and as such, the action taken by the 2nd respondent after expiration of the said prescribed period of limitation was without jurisdiction. ..... on 23rd february, 1981, the said anand chintaman oze and the said respondent filed an appeal before the maharashtra revenue tribunal, bombay, under section 13 of the private forest act and challenged the said order dated 24th september, 1979 passed by the 3rd respondent. ..... the said order was passed after recording the statements of the forest officer to the effect that only that much area of the said lands was liable to be declared as forest. .....

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

Court : Mumbai

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

..... , the learned counsel, no doubt tried to submit that mere issuance of notification under section 4 of the indian forest act would not amount to declaring the area as reserved forest because the process gets finality only after notification under section 20 is issued and also from the date that is mentioned in that notification. ..... of the discussion already made on that topic shri zaiwalla's contention of reading section 2 of the forest (conservation) act in the context of the section 27 of the indian forest act would serve as pointer that the power to supervise the acts of the state government in respect of the forest reserved to central government and that the forest (conservation) act from that angle also would have no application in the union territory. ..... apart from the belated stage at which this additional affidavit was filed, the petitioners disputed all the contentions reflected therein and what is of more importance is, as indicated earlier , that the said officer under the second affidavit almost doubted the credibility of the first affidavit on the spacious ground that it was filed without any legal assistance though as contended by shri zaiwalla with some justification, little ..... 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 a union territory appointed by the president under article 239 and the union territory as defined includes any of the union territories ..... trading .....

M/s. Ghodawat Energy Pvt. Ltd. Vs. The State of Maharashtra, Through t ...

Court : Mumbai

..... the expression taxes on the sale or purchase of goods shall mean taxes on sale or purchase of goods other than newspapers, where such sale or purchase takes place in the course of inter-state trade or commerce; (b) the expression taxes on the consignment of goods shall mean taxes on the consignment of goods (whether the consignment is to the person making it or to any other person), where such ..... brush aside the dictum in the case relied upon, particularly the state of bihar (supra) where the hon'ble supreme court emphatically declares that the ade act is also not a law made under and with reference to article 252 of the constitution, which article empowers the parliament to make a law with respect to any matter ..... law of a state shall, in so far as it imposes, or authorises the imposition of ,- (a) a tax on the sale or purchase of goods declared by parliament by law to be of special importance in inter-state trade or commerce; or (b) a tax on the sale or purchase of goods, being a tax of the nature referred to in sub-clause (b), sub-clause (c) or sub-clause(d) of clause (29a) of article 366, be ..... also indicated by the fact that pan masala containing tobacco was not one of the tobacco products enumerated in section 14 of the central sales tax act, 1956 as goods of special importance in inter-state trade or commerce. ..... a private limited company, incorporated and registered under the indian companies act, 1956, having its registered office at the address mentioned herein above. 4. .....

Karna Laxman Gawali and Others Vs. State of Maharashtra and Another

Court : Mumbai

Reported in : (1989)91BOMLR134; 1990CriLJ163; 1989MhLJ780

..... 52 any timber, sandalwood, firewood, charcoal or any other notified forest-produce which is the property of the state government or any such property is produced before an authorised officer under sub-section (1) and he is satistied that a forest-offence has been committed in respect of such property, such authorised officer may, whether or not a prosecution is instituted for the commission of such forest-offence, order confiscation of the property so seized together with all tools, boats, vehicles and cattle used in committing such offence. ..... 26(1)(d) and/or (f) of the indian forest act, 1927 (the act) be confiscated under s. ..... 70 of the act which permits seizure and impounding of cattle by any forest officer or police officer. ..... sections 61a to 61g as inserted by the indian forest (maharashtra amendment act, 1984 (act no. ..... a brief re'sume' of salient provisions of the act relevant for the purposes of adjudication of the points involved may be made first.section 2(1) of the act defines the term 'cattle', section 2(3) the term 'forest-offence', section 2(6) the term 'timber' and section 2(7) the term 'tree'. ..... machinery of criminal act was found to be ineffective to stop the menace and hence one more separate and independent forum has been provided for and that is of a forest authority which in appropriates cases is empowered to order confiscation of a forest authority which in appropriate cases is empowered to order confiscation of property used in the commission of forest offence. .....

Indirabai Narayan Bivalkar, Deceased Through her L.Rs. and Others Vs. ...

Court : Mumbai

..... a few relevant extracts of the maharashtra private forest act are reproduced below:- section 2(f): private forest means any forest which is not the property to government and includes,-- (ii) any forest in respect of which any notification issued under subsection (1) of section 35 of the forest act, is in force immediately before the appointed day; (iii) any land in respect of which a notice has been issued under subsection (3) of section 35 of the forest act, but excluding an area not exceeding two hectares in extent as the collector may specify in this behalf; (iv) land ..... revenues of a village or any portion thereof or land) or total or partial exemption from the payment of land revenue entered as personal inam in the alienation register kept under section 53 of the code; (ii) a grant of money or land revenue including anything payable as a cash allowance on the part of the state government in respect of any right, privilege, perquisite or office and entered as class i, ii, iii, iv or v in the records kept under the rules made under the pensions ..... unless set aside, binds all specifically no case of fraud or misrepresentation averred at relevant time even now except contradictory and afterthought, vague averment of mistake by their officers, which pleas are also unsustainable in view of clear law and the judgments so cited/referred. ..... between the revenue department and government of maharashtra and collectors office regarding quantum of compensation to be paid to the petitioner. .....