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

Court : Karnataka

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

..... 11/2001-02 by the range forest officer, kudremukh, wherein the learned magistrate had permitted the range forest officer to investigate the case against the accused for offences under section 24 of the karnataka forest act, 1963, section 35(6) of the wild life (protection) act, 1972 and section 2 of the forest conservation act, 1980.4. ..... at this stage, it is also necessary to mention that statutory provisions of section 62-a(l) of the karnataka forest act lays down that a range forest officer shall be deemed to be a police officer for the purpose of section 156 of cr.p.c. ..... such being the case, the state, in this regard, cannot take shelter under section 62-a of the karnataka forest act to wriggle out of the situation.14. ..... the provisions of section 19 and 20 of the act also make it clear that a range forest officer cannot be treated as a police officer.13. ..... the learned magistrate, after being satisfied that there had been complaint for commission of said offences, had permitted the range forest officer to investigate into the case and the order of the learned magistrate cannot be found fault at all, particularly in the light of the fact that the range forest officer is also deemed to be a police officer for the purpose of exercise of power under section 155 of criminal procedure code. ..... the learned counsel also contends that, the range forest officer cannot be treated as police officer within the meaning of section 2(16) of the karnataka police act. .....

Tiptur Taluk Agricultural Producers Co-operative Marketing Society Lim ...

Court : Karnataka

Reported in : AIR2003Kant307; ILR2003KAR1821; 2003(4)KarLJ18

..... the decisions of such authorities, payment of fees by parties for settlement of disputes, by an arbitrator or arbitrators and all other matters connected with such settlement including the extent to which the provisions of the arbitration act, 1940, shall be applicable to arbitrations under this section (3) subject to the rules made under sub-section (2), a market committee may make bye-laws regulating the details in respect of settlement of disputes relating to transactions in notified agricultural produce in the market area. ..... furthermore, in order to ensure that the parties do not wrongly approach the civil court the section very specifically debars the civil court entertaining any such dispute notwithstanding anything contained in any other law for the time being in force, learned counsel submitted that it is not so much the question as to whether the claimants can answer to the definition of consumers or not because even assuming for purposes of argument that they contend that they ..... that being the position, irrespective of whether the claimants answer to the definition of consumers or not even if one were to take the highest possible position that the respondents are right in their contention that they would answer to this definition, the forum would still not have the jurisdiction to entertain and decide the dispute and consequently, we do not need to record any finding with regard to that issue.5. .....

Corporation of the City of Bangalore and ors. Vs. Smt. Sudha V. Reddy ...

Court : Karnataka

Reported in : ILR2004KAR504; 2003(5)KarLJ299

..... the appellants' learned counsel submitted that the case in which those contentions were taken up related to a dispute under section 343 of the karnataka municipal corporations act wherein the question arose as to whether in the case of a kalyana mantap a licence is required or not because catering activity or in other words, serving of food and drink is part ..... submissions canvassed by the learned counsel which really revolve around the charitable and philanthropic activities of the respondents, in our considered view, unless their structure answers to the basic definition of choultry, the nature of their public charitable activities, and the fact that this is a trust would be wholly irrelevant.10. ..... decided the law point the learned single judge remanded the case for a factual examination of the question as to whether or not the petitioners would qualify vis-a-vis other requirement of section 110(b) namely, as to whether no rent was charged or whether the rent charged was earmarked exclusively for charitable purposes. ..... reliance is placed on the dictionary definition of the term 'choultry' which reads ..... again if the definition of choultry is examined, it will be seen that it is the residential aspect which is predominant and whether it forms a part of a place of worship ..... but we need to add here that the issue is not with regard to the character of the trust or the activity but is limited to the question as to whether the institution comes within the definition of a choultry.8. .....

Haji P. Mohammed Timber Merchant and ors. Vs. State of Kerala and ors.

Court : Kerala

Reported in : [2004]136STC335(Ker)

..... (3) the tax levied under sub-section (1) in respect of any forest produce shall be in addition to and not in lieu of any tax payable in respect of such forest produce under the kerala general sales tax act, 1963 (15 of 1963) or under any other law for the time being ..... it is stated in the writ petitions that as per the provisions contained in section 75a of the forest act, the respondents used to collect along with the sale price an additional amount of five per cent as forest development tax, that on a wrong assumption the said amount of five per cent charged as forest development tax was also added on the sale price and sales tax was charged ..... act, 1939 observed that the expression 'turnover' meant the aggregate amount for which goods were bought or sold whether for cash or deferred payment or other valuable consideration and when a sale attracted purchase tax and the tax was passed on to the consumer what the buyer had to pay for the goods included the tax as well and the aggregate amount so paid would fall within the definition ..... thus unless the forest development tax falls within the main part of the definition of turnover, it cannot form part ..... by virtue of the definition of 'dealer', particularly explanation (2) thereof, the state ..... explanation (2) to the definition of 'dealer' clearly provides that the central government or a state government, which, whether or not in the course of business, buy, sell, supply or distribute goods, directly or otherwise, for cash or for .....

Ramesh Jethalal Thakkar Vs. the Union of India, Through the Under Secr ...

Court : Mumbai

Reported in : 1998(4)ALLMR227; 1998(2)BomCR554

..... kakodkar is right that neither in the said forest (conservation) act, 1980, nor in the indian forest act, 1927, there is any definition as to the word 'forest'. ..... even if it were to be independent of the notices underarticle 55, the fact remains that from clause (n) onwards, the important part of title, starting point of the manifestoes desires as to preliminary demarcation, definite demarcation, mining works and operations, mining rights recognition and mining concession resulting finally into a title of concession follow one after the other from clauses (n) to (v). 14. ..... their lordships have in no uncertain terms held that the provisions of sub-section (2) did not extend any protection to the rights which had accrued prior to december 20, 1961, but had invested the rights which came into being after march 5, 1962. ..... act with effect from 1st october, 1963. ..... 10,721.15 deposited on 1st february, 1963, was as a result of an order of the court and is treated as a judicial deposit as per the english translation of the original receipt in portuguese submitted by the petitioner at pages 3 and 5 of the compilation so submitted. ..... act came to be applied on and from 1st october, 1963. 7. ..... act', came to be applied to the state of goa on 1st october, 1963. ..... out on the basis that when notices came to be issued on 7th may, 1962, pursuant to an application dated 2nd february, 1962, submitted by the father of the petitioner and ultimately all fees came to be paid on 1st february, 1963, i.e. .....

Smt. Sumathi and anr. Vs. Vittala Kanchan

Court : Karnataka

Reported in : ILR2004KAR131

..... registered as such or his successor - in -title to take a loan and mortgage or create a charge on his interest in the land in favour of the state government ( a financial institution, a co-operative land development bank, a co-operative society) or a company as defined in section 3 of the companies act, 1956, in which not less than fifty one percent of the paid up share capital is held by the state government or the state government or both for development of land or improvement of agricultural practices and without prejudice ..... counsel for the appellants contends that under section 61 of the act, the prohibition of transfer within the period of 15 years is made applicable only to the lands section 2(18) defines the land in following manner:'land' means agricultural land, that is to say, land which is used or capable of being used for agricultural purposes or purposes subservient thereto and includes horticultural land, forest land, garden land, pastureland, plantation and tope but does not include house -site or land ..... obviously, a dwelling house not a part of an agricultural land nor connected with agricultural activities of land would not come within the purview of the definition of land under the act. ..... the definition of the land under the act excludes house sites and land used for non-agricultural purposes. ..... the definition of the 'land' excludes house sites and land used exclusively for non agricultural purpose. .....

State of U.P. and anr. Vs. Sri Ram Baboo Kesari and ors.

Court : Allahabad

Reported in : 1990CriLJ87

..... in paragraph 11 of the judgment their lordships of the supreme court after considering the scheme of andhra pradesh forest act observed (para 11):--'true it is, where any property is produced by an officer before a criminal court in an inquiry or trial, the court may under section 451 of the criminal p.c, 1973 make any direction, as it thinks fit, for the proper custody of such property pending the conclusion of the inquiry ..... regarding orders for interim custody, of seized property before the conclusion of the trial and procedure of trial have been given in the forest act (a special act), section 5 of the code cannot prohibit the criminal courts from applying provisions of criminal p.c. ..... but it should not be forgotten that presumption under section 69 of the forest act relating to ownership of the government to the forest produce is a rebuttable presumption and it can be rebutted at any time before ..... since there is specific provision in the forest act for disposal of such property, namely, sale under section 57 of the said act, for passing order regarding interim custody magistrate cannot take recourse to part of section 451 relating to property subject to speedy ..... section 2(4)(a) gives an illustrative definition of 'forest produce' as follows :--' 'forest produce' includes--(a) the following whether found in, or brought from, a forest or not, that is to say :--timber, charcoal, caoutchouc, catechu wood oil, resin, natural varnish, bark, lac, mahua flower, mahua seeds, kuth and .....

Dunna Lal and ors. Vs. State of Uttar Pradesh

Court : Allahabad

Reported in : (1992)ILLJ647All

..... learned counsel for the appellant submitted that the accused narendra lal, sahukar lal and makhan lal were given the benefit of probation of first offenders act by the trial court, but the same benefit was not extended to the appellant dunna lal against whom the case is quite identical with the remaining appellants. ..... state of andhra pradesh scc page 17, 1 wherein the accused was convicted under section 304 part i but was released on probation ofgood conduct. ..... the conviction of all the appellants under section 304 part ii read with section 34 i.p.c under section 452, i.p.c. ..... 500.00 respectively under the aforesaid sections of the penal code recorded by sri d.l. ..... dunna lal appellant has filed this appeal against his conviction under section 304 part ii read with section 34 i.p.c, under section 452 i.p.c. ..... he prepared the chick report on the basis of the written report delivered by bahadur singh and also registered a case under sections 452/ 307/ 323/ 506 i.p.c. ..... however, the sentences recorded by the court below under the aforementioned sections of the penal code as against dunna lal appellant are set aside and instead the appellant dunna lal is placed on probation for good conduct for a period of two years under section 3/4 of the u.p. ..... on the consideration of the entire evidence on the record, the trial court convicted the appellants dunna lal, narendra lal, sahukar lal and makhan lal under the aforesaid sections of the penal code. ..... , under section 323/34 and under section 323 i.p.c. .....

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

Court : Mumbai

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

..... 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'. ..... 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, ..... (f) of the indian forest act, 1927 (the act) be confiscated under s ..... sections 61a to 61g as inserted by the indian forest (maharashtra amendment act, 1984 (act ..... it is contended that since section 70 specifically deals with the cattle trespass and no change is brought about in the said provision, it should be held that legislative intent was to exclude the forest offence of cattle trespass from the ..... contained in the foregoing provision of this chapter or any other law, where a forest offence is believed to have been committed in respect of timber, sandalwood, firewood, charcoal or any other notified forest produce which is the property of the state government, the officer seizing the property under sub-section (1) of s. .....

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

Court : Mumbai

..... in respect of which a notification has been issued under section 38 of the forest act; section 3: vesting of private forests in state government: (1) notwithstanding anything contained in any law for the time being in force or in any settlement, grant, agreement, usage, custom ..... 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 ..... (emphasis supplied) thus, the definition of forest in the maharashtra private forests (acquisition) act, 1975 recognizes that even forest lands in maharashtra can be cultivable. ii. .....