Judgment Search Results Home > Cases Phrase: forest act 1963 section 2 definitions Court: madhya pradesh Page 1 of about 3,054 results (0.150 seconds)

Anandilal Naraindas Vs. Commissioner of Sales Tax and ors.

Court : Madhya Pradesh

Reported in : 1968MPLJ486; [1968]22STC19(MP)

..... applicant also relied on a notification issued by the state government on 1st june, 1963, under section 12 of the act by which the state government exempted from sales tax sales of forest produce effected by the forest department of the government during the period from 1st april, 1959, to 2nd november, 1962, and contended that inasmuch as forest produce was exempted during the material period from any sales tax, no sales tax ..... the trees, being an interest in immovable property, cannot be regarded as coming within the definition of 'goods' given in section 2(g) of the act; if this right is not 'goods', then no sales tax can be levied on the sale of this right by the forest department to the petitioner. ..... orders of assessment made by the assistant sales tax officer taking the view that under the forest contracts there was a sale of gum by the forest department to the petitioner ; that sales tax was payable on sales of gum on the point of first sale under entry 1 of part vi of schedule ii to the act; and that the forest department was not liable to pay any sales tax on sales of gum under the ..... observed that under the definition of 'taxable turnover' given in section 2(r) of the act, the consideration paid by the petitioner to the forest department for purchasing gum could not be deducted as under that definition only the 'sale price of goods on which tax is payable at the first point, and which has been subjected to tax in accordance with the provisions of the act' can be deducted.4. .....

Adivasi Khanij Avaam Vanupaj Udyog Sahakari Samiti Vs. State of M.P. a ...

Court : Madhya Pradesh

Reported in : 2002(5)MPHT420

..... it has been held that the notification under section 4 of the indian forest act, 1927 was issued way back in the year 1957 to constitute the area as reserved forest provision of forest conservation act, 1980, section 2 applies to such an area once declaration under section 4 of forest act has been made. ..... learned counsel for the petitioner submits that the area in question cannot be recorded as forest land as only area which is covered under section 3 of the indian forest act, 1927 action could be taken declaring it to be forest area under section 4 of the act by the state government, not otherwise. ..... once the notification under section 4 of the forest act is issued under section 5 of the forest act bar acrual of any right in or over the land comprising such notification and it further makes a provision that no fresh clearings for cultivation or for any other purpose shall be made in such land except in accordance with ..... in my opinion, section 2 of the forest conservation act, 1980, clearly bars any other activities once declaration under section 4 of indian forest act has been issued. ..... it is not in dispute that the area in question is covered by notification under section 4 of the indian forest act, 1927. .....

Om Prakash Agrawal and anr. Vs. State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Reported in : 1995(0)MPLJ355

..... section 22 of the state act (9 of 1969) as it then stood read as under:'22(1) nothing contained in the indian forest act, ..... regard to confiscation of forest produce or vehicle by authorised officer or forest officer as a consequence of forest offence committed in 1982 or 1983 provisions of indian forest act could be invoked. ..... in any other law, rule, order or any other thing having a force of law in any region of the state shall apply to the specified forest produce in respect of matters for which provisions are contained in this act'.the provision clearly indicates that the provisions of the indian forest act would not apply to specified forest produce only in respect of matters for which provisions are contained in the state act. ..... forest offence in swaroopchandra garg's case was committed, even the indian forest act did not contain any provision for confiscation by an authorised officer or forest officer ..... section 22 of the state act provides that the provision of the central act would not apply to specified forest produce in respect of the matter for which provisions are contained in the state act ..... could exercise power of confiscation with regard to a forest offence committed in december 1983 only by virtue of the provisions of the indian forest act, 1927 as amended by m. p. ..... after referring to section 55(1) of the central act as amended, which provided for confiscation, observed :'now, in respect of transit or sale of specified forest produce, provisions ane made in the state act. .....

Kamal Kishore and ors. Vs. State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Reported in : AIR2006MP167; 2006(2)MPHT45; 2007(1)MPLJ181

..... the purpose of definition of protected forest, reserved forest and village forest provisions of quanoon jungalat are relevant though repealed and to determine the nature of land, quanoon jungalat is required to be considered as the act done or proclaimed by the erstwhile ruler declaring reserved forest, protected forest or village forest shall bedeemed to be continued as such after amendment in section 20-a of the indian forest act vide m.p. ..... section 20-a (4) of the indian forest act, declaration by the erstwhile ruler will also fall in the definition of protected forests and therefore, all lands declared as forests or recorded as forests in the revenue papers are forest lands ..... for the state, therefore, submitted that under section 86 of the madhya bharat forest act, quanoon jungalat and other forest laws of the gwalior state stood repealed and as such, lands declared as reserved forests, protected forests village forests, or forests ceased to continue as forests after m.b. ..... that in view of amended section 20-a of the indian forest act all the reserved forests, protected forests and forests in the merged territories shall be deemed to be reserved forests, protected forests or forests. ..... year 1962 occupied areas of forest villages situated in the heard of the reserved forests have been transferred to the revenue department for management of the protected forests under the gwalior state and forests of datia range and notified under section 4(i) of the indian forest act, 1927. .....

Sheikh Tausif Vs. State of Madhya Pradesh and anr.

Court : Madhya Pradesh

Reported in : 2002CriLJ1562; 2002(1)MPHT61; 2002(1)MPLJ263

..... view of the above provisions of both the acts, it is manifest that under section 2 of the forest act, the fish has not been included in the definition of 'forest produce' though wild animals have been so ..... the above discussion is that though the alleged offence is punishable under section 26 of the indian forest act and sections 29, 35(6), 51 and other provisions of the wild life (protection) act, the provisions of section 52 of the forest act do not attract as the fish are not forest produce and therefore the jeep can be construed to have been seized not under section 52 of the forest act as applicable in the state of madhya pradesh but under section 39(1)(d) of the wild life (protection) act, 1972. ..... out above, the fish are not 'forest produce' and therefore, though the offence under section 26 of the forest act appears to have been committed in the present case but since the fish are not 'forest produce', the provisions of section 52 of the forest act do not attract and therefore the seizure of the said jeep cannot be construed under provisions of section 52 of the forest act. ..... abundantly clear that the fish cannot be included in the definition of 'forest produce' in the forest act.7. ..... a criminal case for offence under sections 2, 9, 27, 29, 35(6), 43(3), 46(a), 51 and 52 of the wild life (protection) act and sections 26 and 52 of the indian forest act has been registered against abdul waheed ansari and babulal on the allegations that they were fishing in the reservoir of pench .....

Pradeep Singh Baghel Vs. the State of Madhya Pradesh Judgement Give ...

Court : Madhya Pradesh

..... passed by various single benches of this court on the basis of madhukar rao's case (supra) cannot be applied in the present case because in the present case, the property was also seized under the forest act and confiscation proceedings under section 52 of the m.cr.c.no.12481/2013 forest act was initiated and therefore, the learned chief judicial magistrate, sidhi had no power to pass any order relating to disposal of the property. ..... of the trial court is much clear in the case that the vehicle was recovered under the provisions of wild life protection act as well as the forest act and the confiscation proceedings under section 52 (4) of the indian forest act was initiated and an intimation was given to the chief judicial magistrate concerned. ..... the learned chief judicial magistrate dismissed the application of the applicant that an intimation under section 52 (4) of the forest act m.cr.c.no.12481/2013 was received to him about the initiation of confiscating proceedings and he had no right to entertain ..... rao's case (supra).the full bench did not examine the provisions of section 52 of forest act and therefore, that judgment is not applicable for the case relating to the forest act. ..... in the judgment of madhukar rao's case (supra) the full bench discussed the various provisions of wild life protection act but, in para 20 of the judgment case of laxmichand versus state of madhya pradesh [(1995) j.l.j.746].was found not applicable because it was related to section 52 of the forest act. .....

Kamleshkumar Chhabra Vs. State of M.P. and ors.

Court : Madhya Pradesh

Reported in : AIR1985MP130; 1985MPLJ72

..... this action of sealing the saw-mill was sought to be justified under section 41(2)(h) of the indian forests act, 1927, as averred in their returns and section 52 of the forests act appears to have been referred to during the course of arguments in the earlier petition. ..... 2 has justified his action on the ground that under section 41(2)(h) of the indian forests act he has the power to seal the petitioner's saw-mill a bare reading of section 41(2)(h) of the said act reveals that it does not confer any such power on the respondent no. 2. ..... it appears possible that the respondents have now, therefore, referred to section 66 of the indian forest act as the source of authority for their persistence in the actions, which have by now become the subject-matter of two successive writ petitions and have already been condemned as illegal and unauthorised in the earlier one. ..... 2 that he had seized the saw-mill in exercise of powers under section 52 of the indian forest act theseized property has also not been reported to the magistrate. ..... the petitioners all along maintained that no such report as required by section 52(2) of the forest act has been made to the magistrate having jurisdiction. ..... whether a report, as contemplated by section 52(2) of the forest act has been made, is not that important as the method, and manner in which it is sought to be established that it was so made swearing affidavits is a serious matter and the officers of the state government, such as the respondents, can be so .....

Laxmi Chand Vs. State of M.P.

Court : Madhya Pradesh

Reported in : 1996CriLJ1118

..... as no action against the petitioner was taken by the forest department under section 52(4) of the act, although it was submitted by the petitioner himself that a challan was filed by the department against the petitioner under sections 32a, 33 and 52 of the indian forest act read with section 35 of public properties damages (provincial) act, 1984, there was no scope for initiating any proceeding under section 52 of the indian forest act against the petitioner with regard to the seizure of the ..... the order of the magistrate was challenged by the state in the court of session by filing the revision and the learned revisional court from the record held that as under section 52c of the indian forest act, the learned magistrate had the intimation of the confiscation proceeding in relation to the seized wood, his jurisdiction to pass any order with regard to the disposal of the property ..... learned revisional court in the facts and circumstances rightly found that under section 52c of indian forest act, the jurisdiction of the court was barred for passing the order in ..... for the petitioner that the lower revisional court wrongly applied the provisions of section 52c of the indian forest act, as no intimation was given to the magistrate under section 52(4) of the indian forest act. ..... to his passing the order of the return of seized wood to the petitioner and were sufficient to take away the jurisdiction of its disposal by the magistrate, as envisaged under section 52-c of the indian forest act. .....

Anand Kumar Goenka Vs. State of M.P. and Others

Court : Madhya Pradesh

Reported in : 2001(3)MPHT252; 2001(3)MPLJ272

..... the forest range officer, maihar investigated the offences punishable under sections 33 and 63 of the indian forest act, 1927 (for short 'the forest act') and the offences punishable under sections 3 and 4 of the prevention of damage to public property act, 1984, (for short 'the act of ..... the other accused persons were charged for violation of sections 33 and 63 of the forest act and also for violation of rules 3 and 29 ..... forest act of 1927, further the charge-sheet alleged that the petitioner has also violated the forest (conservation) act. ..... court is of the view that the investigation made by the forest officer of an offence under sections 3 and 4 of the act of 1984 is null and void and the magistrate is not competent to take cognizance of the offence under that act.12. ..... the petitioner and the other accused persons had filed an application under section 245, code of criminal procedure claiming that the accused persons are ..... so far as offence covered by the act of 1984 is concerned, a forest officer has no right to investigate that ..... clear from the aforesaid definition of 'investigation' given ..... sub-section (2) of section 3 of that act provides that a minimum sentence for the offence shall be six months but it is punishable to the extent of ..... since this court is setting aside the order impugned regarding the act of 1984, the applicant or the other accused persons may raise the objection regarding the territorial jurisdiction in the light of the decision of the civil court copy of which is .....

Mulamchand Ratilal Asathi Vs. State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Reported in : AIR1960MP152

..... the indian forest act deals specifically with (i) reserved forests, (ii) village forests, viz, reserved forests which have been assigned to any village community, and (iii) protected forests, the preamble and other provisions of the act are wide enough to cover all categories of forests.we are, therefore, of opinion that section 82 of the indian forest act is applicable to the cases before us and consequently the revenue authorities were entitled to realize the amounts due as arrears of land revenue under section 223 (c) ..... by way of a sale, the amount recoverable would be the price of the forest produce within the meaning of section 82 of the indian forest act.if, therefore, the indian forest act applies to the forests which vested in the state under act no. ..... a 'forest produce' as defined in section 2(4)(a) of the indian forest act, whether found in, or brought from, a forest or not ..... hesitation in holding that the amounts that fell due were on account of the price of forest produce within the meaning of section 82 of the indian forest act.7.-8. ..... there is no doubt that the contracts were ratified by the state government which had, under clause (xi), chap xix of the instructions issued under sub-sections (1) & (3) of section 3 of act i of 1951, authorized the deputy commissioners to dispose of the forest produce (page 273 of the madhya pradesh land reforms manual) and also allowed the present appellant and the petitioners to exploit the forests according to the terms of the sales. .....