Judgment Search Results Home > Cases Phrase: forest act 1963 section 2 definitions Page 1 of about 150,557 results (0.310 seconds)

Khushboo Enterprises Vs. Forest Range Officer and anr.

Court : Kerala

Reported in : 1993CriLJ1100

..... equally unacceptable is the argument that, since 'sandalwood oil' also is included in the definition of forest produce in section 2(f) of the karnataka forest act, 1963, the same would imply that 'wood-oil' by itself will not take in 'sandal wood oil' ..... (1987) 2 aplj (hc) 458 to the effect that the oil produced by manufacturing process or human labour would not be wood oil and therefore sandal wood oil will not be taken in by the definition of forest produce in section 2(g) of the andhra pradesh forest act, 1967. ..... that case the scope of 'forest produce' in section 2(4) of the forest act, 1927 (act 16 of 1927) was considered in relation to a question concerning the privilege conferred upon advasis who are local inhabitants of reserved forest, in regard to exploitation of bamboos from forest. ..... of all, the very definition of section 2(f) of the act when understood in the light of timber in section 2(1) of the act would make it clear that, such man made products satisfying the condition of section 2(f)(i) also would be forest produce. ..... to the learned director general of prosecution the scope of the definition is such that it is inescapable that the definition of 'forest produce' in section 2(f) of the act will take in sandalwood oil also. ..... another aspect to be noted is, the definition of 'forest produce' in section 2(f) of the act is an inclusive definition. ..... rival contentions bring to the forefront the question as to the scope of definition 'forest produce' in section 2(f) of the act. .....

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

Court : Chennai

..... the other enactments such as the kerala forest act, 1961, the kerala land reforms act, 1963, were referred to and the hon'ble supreme court proceeded to take note of the definition of private forest as defined under section 2(f) of the kerala vesting act. ..... the case of the respondents is that (1) the definition of forest under section 2(aa) of the private forest act is an inclusive definition and encompasses all lands. ..... 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 land covered by trees and under wood and there is a great deal of difference between a forest and a plantation as understood by a layman. ..... in paragraph 18 of the judgment in bhavani tea, reference has been made to the madras preservation of private forest act, 1949 and the definition of forest as defined under section 2(a) has been noted. ..... (i) section 2(aa) of the act defines 'forest' and it is an inclusive definition and for a land to be declared as a 'forest', a notification by state government is provided and without such notification, a land cannot be declared as a 'forest' under the provisions of the act. ..... it was submitted that section 2(aa), which defines 'forest' is an inclusive definition and forest as such has not been defined and the act could have no application to a land which is cultivated with rubber and other agricultural cash crops. .....

M/s S S C Steels Private Limited Vs. The State Of Karnataka

Court : Karnataka

..... section (7) of section 2 of the karnataka forest act, 1963 (for short 'the said act of 1963'), minerals including limestone have been included in the definition of forest ..... such as iron ore which is covered by the definition of forest produce under sub-section 7 of section 2 of the said act of 1963, no person is entitled to transport or move such iron ore which is a forest produce except in accordance with the passes issued by the forest officer in accordance with rule 145.11. ..... section (7) of section 2 of the said act of 1963, mineral found in or brought from a forest becomes a forest ..... in or brought from a forest which is covered by clause (b) of sub- section (7) of section 2 of the said act of 1963. ..... what is sought to be transported is the beneficiated mineral cannot be accepted for its face value and therefore, wherever there is a doubt, the authorities under the said act of 1963, are entitled to check whether what is transported is a forest produce or is a beneficiated mineral after completion of the process of beneficiation.16. ..... issue such pass: provided that no pass shall be required for the removal of:- (a) except to a port, landing place or railway station- (i) any forest produce which is being removed for bona fide domestic consumption by any person in exercise of privileges granted in this behalf or of a right recognised under the act, within the limits of the village in which it is produced, - 7 - (ii) twigs, leaves, brushwood and grass intended solely for conversion into .....

Gireesh Achar Vs. Government Of India

Court : Karnataka

..... coming on for further hearing through video conferencing this day, chief justice made the following: - 3 - order overview seventeen years after the forest (conservation) act, 1980 (for short 'the said act of 1980') came into force, the government of karnataka has passed an order in purported exercise of the powers under section 28 of the karnataka forest act, 1963 and has permitted use of a reserved forest for non-forest purpose without obtaining prior approval of the central government in accordance with ..... therefore, the land subject matter of this petition will be governed by the definition of forest as laid down by the apex court and hence, section 2 of the said act of 1980 is squarely applicable. ..... obtaining the prior approval of the central government in accordance with section 2 of the said act of 1963; (iii) we also hold that even if the state government purports to issue a notification under section 28 of the said act of 1963 without obtaining the prior approval of the central - 18 - government in accordance with section 2 of the said act of 1980, such a notification shall be per se illegal; (iv) if any of the officers are responsible for allowing non- forest activities on the lands subject matter of annexure-n, needless to add that .....

The State of Maharashtra Vs. Shivbalak Gawrishankar Dube

Court : Mumbai

Reported in : (1972)74BOMLR561; 1972MhLJ808

..... therefore, although the learned magistrate was not right in taking the view that 'grass' spontaneously growing on lands did not come within the purview of the definition of 'agricultural produce' in terms of section 2(1)(a) of the maharashtra agricultural produce marketing (regulation) act, 1963, the accused was entitled to an acquittal on the ground that the prosecution had failed to establish its case on the merits.16. ..... these observations cannot, however, be of any assistance to the accused, because so far as the present case is concerned, the term 'agricultural produce' has been defined by section 2(1)(a) of the maharashtra agricultural produce marketing (regulation) act, 1963, to which a reference has already been made, and in view of that definition, it is not open to this court to consider what the meaning of that expression is in common parlance. ..... the lands is also 'grass' falling within the ambit of the definition contained in section 2(1)(a) of the maharashtra agricultural produce marketing (regulation) act, 1963, the accused could not claim an exemption in respect of the licence by saying that he was merely trading or dealing in grass spontaneously growing on lands.15. ..... according to that definition, 'agricultural produce' means all produce (whether processed or not) of agriculture, horticulture, animal husbandry, apiculture, pisiculture and forest specified in the schedule and entry no. .....

State Of Kerala Vs. M/s Popular Estates (now Dissolved)

Court : Supreme Court of India

..... section 2(f) of the vesting act defined private forest in the following terms: (f) private forest means- (1) in relation to the malabar district referred to in subsection (2) of section 5 of the states reorganisation act, 1956 (central act 37 of 1956)- (i) any land to which the madras preservation of private forest act, 1949 (madras act xxvii of 1949), applied immediately 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 ..... the definition of private forest given in section 2(f) of the vesting act and section 2(47) of the klr act were considered by this court in gwalior rayons ..... which are gardens or nilams (defined in the klr act, 1963), are excluded from the definition of private forest under the vesting act under sub-clause (a). ..... it was observed that the definition of private forests applicable to the malabar district was not general in terms but limited to the area and lands to which the madras act applied, and exempted therefrom land described under sub-clause (a) ..... section 2 (1) (i) (b) evidences that lands used principally for cultivation of certain crops and lands used for construction of buildings for the purpose of running and maintaining a plantation are excluded from the definition of private forest ..... , enacts that certain lands are excluded from the definition of private forest falling under sub-clauses (a) to (d). .....

The Forest Range Officer and Others Vs. P. Mohammed Ali and Others

Court : Supreme Court of India

Reported in : AIR1994SC120; 1993(2)ALT(Cri)152; 1993(2)Crimes415(SC); JT1993(3)SC222; 1993(1)KLT886(SC); 1993(2)SCALE792; 1993Supp(3)SCC627; [1993]3SCR497

..... forest act, 1963 incorporated in its definition of forest produce sandalwood oil after the word 'wood oil' and the legislature in andhra pradesh and tamilnadu, like the act, do not specifically incorporate sandalwood oil in the definition of forest ..... the learned senior counsel on both sides neatly presented question of law whether 'sandalwood oil' is forest produce within the meaning of section 2(f)(i) of the kerala forest act, 1961 for short 'the act'. ..... forest produce defined under section 2(f) is an inclusive definition ..... : (1960)illj251sc , this court adopted purposive approach in interpreting the word 'industry' in section 2(j) of the industrial disputes act, and held that the legislature in defining the word 'industry' in section 2(j) of the act deliberately used term of wide import in its first clause and referring to several other industries in the second in an ..... the word include in the definition under section 2(f) would show that it did not intend to exclude what was ordinarily and in common parlance ..... section 2(f) defines forest produce thus:section 2(1) 'forest produce' includes:(i) the following whether found in or brought from, a forest or not, that is to say-timber, charcoal, wood-oil, gum, resin, natural varnish, bark, lac, fibres and roots of sandalwood and resewood; and(ii) the following when found in or brought from a forest, that is to say-a) trees and leaves, flowers and fruits and all other parts or produce not here-in-before mentioned, of trees; b) plants .....

Bhavani Tea and Produce Co. Ltd. Vs. State of Kerala and ors.

Court : Supreme Court of India

Reported in : JT1991(1)SC503; 1991(1)KLT666(SC); 1991(1)SCALE319; (1991)2SCC463; [1991]1SCR550

..... section (2) of section 5 of the states reorganisation act, 1956 (central act 37 of 1956)(i) any land to which the madras preservation of private forests act, 1949 (madras act xxvii of 19.19, applied immediately 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 cultivator of tea, coffee, cocooa, rubber, cardamom or cinnamon and lands used for any purpose ancillary to the cultivation of such crops or for the ..... the definition of private forest given in section 2(f) of the vesting act and in section 2(47) of the kerala land reforms act were considered by k ..... the statement of objects and reasons of the vesting act and the definition of private forests under the act were examined in state of kerala and anr. v ..... poti submits that the definition of forest as given in section 2(a) is only an inclusive one ..... the respondent-state of kerala stated before the tribunal that the plantation area in the schedule property had already been exempted, and that only such areas as fell within the definition of private forests in the vesting act, mainly areas full of forest trees aged 20 to 100 years were being surveyed and demarcated as vested forests. ..... we have seen that the vesting act gave two definitions of private forest; the first was in relation to the malabar district referred to in sub-section (2) of section 5 of the states reorganisation act, 1956 (central act 37 of 1956). .....

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

Court : Supreme Court of India

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

..... the; context otherwise requires,- [f] 'private forest' means [1] in relation to the malabar district referred to in sub-section (2) of section 5 of the states reorganisation act, 1956 central act 37 of 1956(i) any land to which the madras preservation of private forests act, 1949 (madras act xxvii of 1949) applied immediately 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 ..... for growing firewood trees such as eucalyptus or redgum to be used as fuel for the purpose of manufacturing rubber or tea in the smoke-houses or factories or for the personal use of the employees in the estates excluded from the definition of 'private forests' as contained in section 2(f)(1)(i)(b) of the kerala private forests (vesting and assignment) act, 1971 (act 26 of 1971) hereinafter referred to as 'the act')? ..... firewood was steadily and adequately available in the market at reasonable rates for use of the factories or smoke-houses as well as for supply to the workers of a particular plantation, in such a case no land could be excluded from the definition of the private forest on the ground that it was required for growing firewood trees for the purpose of the estate as well as for the workers. .....

Ram Bahadur Thakur Pvt. Ltd. Vs. State of Kerala and anr.

Court : Kerala

Reported in : AIR2001Ker89

..... the definition clause 2 (f) (1) (11) also deals with lands in the malabar district which were referred to in sub-section (2) of section 5 of the states reorganisation act but not covered by the madras preservation of private forests act, 1949. ..... the definition clause shows that any forest not owned by the government, to which the madras preservation of private forests act, 1949 did not apply, including waste lands which are en-claves within wooded areas would also come within the definition of private forest. ..... tree or are principally cultivated with any other agricultural crop and also sites of buildings and lands appurtenant to and necessary for the convenient enjoyment or use of such building were excluded from the purview of definition of private forest even though governed by the erstwhile madras preservation of private forests act, 1949. 11. ..... however, lands which are gardens or nilams as defined in the kerala land reforms act, 1963 (1 of 1964) though to which madras preservation of private forest act applied was excluded. ..... (0 'private forest' means - (1) in relation to the malabar district referred to in sub-section (2) of section 5 of the states reorganisation act, 1956 (central act 37 of 1956 - (i) any land to which the madras preservation of private forests act, 1949 (madras act xxvii of 1949), applied immediately before the appointed day excluding - (a) lands which are gardens or nilams as defined in the kerala land reforms act, 1963 (1 of 1964). .....