Judgment Search Results Home > Cases Phrase: forest act 1963 section 2 definitions Sorted by: old Court: patna Page 1 of about 527 results (0.092 seconds)

Shankar Traders Vs. State of Bihar and ors.

Court : Patna

..... he submitted that definition of the term 'forest-produce' under section 2(4)(a) of the indian forest act is wide enough to include produce of a forest lying outside the purview of the act and, in any view, by virtue of the provisions qf section 41 of the said act, transit rules framed by the state government are applicable to all kinds of timber and forest produce specified therein. ..... in the above view of the matter it has to be held that khair wood being specified forest-produce under clause (a) of section 2(4) of the indian forest act, 1927, bihar forest produce (regulation of trade) act, 1984 and the bihar timber and other forest produce (transit regulation) rules, 1973, movement of khair wood is subject to the regulatory provision of the said two acts and the rules frame thereunder. ..... the court noted that though most of the sections of the indian forest act deal with government forest and government lands and forest-produce grown on such property, there are many sections specially those in chapter vii which confer a regulatory power on the government to control movement of forest-produce even though the produce may not be of government. ..... state of orissa, air 1963 orissa 240, state of tripura v. .....

Woodman Industries and ors. Vs. State of Bihar and ors.

Court : Patna

..... yadav, learned government advocate, appearing for the respondents, submitted that veneer would fall within the ambit of the definition of 'timber' under section 2(6) of the act and, therefore, must be called forest produce under section 2(4). ..... the court observed that in such cases a purposive interpretation of statute is required and in the context of the forest act it is imperative to do so which would aid conservation of sandalwood, a valuable forest wealth, prevent illicit felling and transportation of sandalwood trees and make the manufacturers of sandalwood oil accountable for the possession of sandalwood trees or chips or roots etc.9. ..... mohammed all 1993 supp (3) scc 627 : air 1994 sc 120 the supreme court observed, 'the word 'includes' in the definition under section 2(f) would show that it did not intend to exclude what would ordinarily and in common parlance be spoken of as wood oil. ..... state of bihar (1997) 2 pat ljr 24 : air 1998 pat 68 had occasion to consider the provisions of section 2(4) of the act in the context of the controversy as to whether the authorities of the forest department are competent to intercept the movement of khair wood in the guise of nepali khair wood. ..... state of orissa air 1963 orissa 24, and held that the use of the words 'or not' suggests that the goods of the description given in the section would be forest produce whether they are found in the forest or not, or whether they are brought from a forest or not.7. .....

Ranchi Timber Traders Association and ors. Vs. State of Bihar and ors.

Court : Patna

..... indian forest act as well as the transitrules applies to all the forests including the private forests and the same is evident from definition of the forest produce as contained under section 2(4) of the forest act. ..... is asserted that the slate government in exercise of power under sections 41, 42 and 76 of the indian forest act (hereinafter referred to as the forest act) framed a transit rule, 1973 which require permit by a competent authority for transportation of the timber and other forest produce as detailed in the said rules. ..... said transit rules has been enacted in 1973 in exercise of power under sections 41, 42 and 76 of the forest act to regulate the transit of timber and other forest produce mentioned in the said transit rules. 24. ..... division bench after considering the provisions of the forest act and the transit rules held: 'thus though most of the sections of the indian forest act deal with government forests and govt. ..... for the petitioners as well as the intervenor petitioners have submitted the following points; 1) the government notification dated 9-10-96 has not been published in the official gazettee in terms of section 78 of the forest act and as such the same cannot be given effect to. ..... state of orissa, air 1963 orissa 24, wherein the orissa timberand forest produce transit rules, 1958 was challenged on the ground that the said transit rules applies only to the timber and forest produced or grown or collected from the property of the government and not to the private .....

Bihar Plywood Manufacturers Association and ors. Vs. the State of Biha ...

Court : Patna

..... section 2(4) of the forest act provides a controlled definition of the term 'forest produce' read with definition of timber in clause (6). ..... submission on behalf of the petitioners however is that by reason of the mechanical process and human labour put in, a new product having altogether distinct identity comes into existence and therefore, notwithstanding the wide definition of the term 'forest produce' or 'timber' in the indian forest act, veneer cannot be called timber or forest produce. ..... the point for consideration in that case was whether cashew or cashew-nuts are forest produce within the meaning of section 2(ii)(g) of the andhra pradesh forest act if they are obtained from cashew trees on private land. ..... in orderto appreciate the submissions of the counsel for the parties i would first like to refer to the definition of the term 'forest produce' in the indian forest act. ..... the case of the state is that veneer is a 'forest produce' within the meaning of section 2(4) and (6) of the indian forest act read with rule 2(kha) of the bihar kasth tatha anya van utpadan abhivahan ka niyamawali, 1973) i.e. ..... it is not the end product as submitted on behalf of the petitioners, it is rather a raw materials for making plywood which comes under the description of 'fashioned timber' in section 2(6) of the indian forest act and would, therefore, be a 'forest produce' under section 2(4) of the said act. ..... , air 1963 orissa 23. .....

State of Bihar Vs. Bank of Bihar Ltd.

Court : Patna

Reported in : AIR1963Pat344

..... only bidding time and trying to avoid making the supply until the 8th december, 1947, when sugar was to be decontrolled.the government of bihar, therefore, passed an order on the 5th of december, 1947 under section 3 of the act for the seizure of 5,000 maunds of sugar, and in pursuance of this seizure order, the rationing officer and the district magistrate of patna got the locks of the bank put on the godowns broken open on the ..... . the question therefore, is whether the bank can recover the money from the state representing the cane commissioner,the remedy under section 180 of the contract act would be available to the bank against the state, if the commissioner had wrongfully deprived the bank of the substituted security, namely, the price of the sugar fetched at the auction sale ..... . hence, there was no wrongful deprivation of the money by the cane commissioner through the certificate proceedings; and the remedy under section 180 of the contract act was not available to the bank against the state representing the cane commissioner either.11 ..... the case under section 7 of the essential supplies (temporary powers) act ended in acquittal; but the case under section 186 of the penal code against the general manager, shree santosh kumar jan, ended in conviction, as the obstruction offered by the accused to the seizure was held to be illegal. ..... . in this connection, the provisions of sections 180 and 181 of the contract act, which are reproduced below, are important:"180 .....

Phul Kumari Devi Vs. Sambhu Prasad Singh and ors.

Court : Patna

Reported in : AIR1965Pat87

..... for nearly 17 years thereafter, the defendants alone exercised acts of ownership over the property, and not the slightest attempt was made by the plaintiffs to assert their ..... 5 and 9 of the bihar and orissa municipal survey act (i of 1920), the learned judge has taken the view that;"baijnath prasad singh, being a lawyer practising in patna would not have neglected to raise an objection to the inclusion of the names of nanku prasad singh if ..... of the parties is to be determined with reference to their acts or omissions and conduct in relation to the property. ..... of this nature cannot be equated with visits which owners pay to their property and, therefore, they do not amount to exercising acts of ownership and possession over the property. ..... at about the same time in 1948-49, when he had seen nanku staying and residing in the house i have, therefore, no doubt in my mind that the plaintiffs never lived in the disputed house or exercised any act of ownership over it until the litigation of 1933.32. ..... was merely prompted by respect for his father's intentions and by his affection for his brother, both most excellent and praiseworthy motives, but scarcely sufficient to constitute such a consideration as would convert an act of kindness into a binding engagement. ..... for more than twelve years after 1933, the plaintiffs were never in possession of the disputed house, and it was the defendants alone who had all along remained in exclusive possession and exercised acts of ownership over it34. .....

Sayedabad Tea Co. Ltd. Vs. State of Bihar

Court : Patna

Reported in : AIR1969Pat165; 1969(17)BLJR912

..... case, their lordships of the madhya pradesh high court were construing the effect of sections 84 and 87 of the states reorganisation act in regard to the contract made before the appointed date by the divisional forest officer of rajasthan state and under the terms of the contract a sum of rs ..... execute the decrees did not go behind them but considered whether the decree-holder has got a right to execute the decree against the state of bihar on the construction of the decree in the light of section 47 of the act and he was right in holding that the state of west bengal will have to be read in the decrees under execution in place of the state of bihar.13. ..... "though the state, after the vesting did not settle the lands in khas possession of the intermediary but the provision is made in the section that such settlement in favour of the ex-intermediary by the state of bihar will be assumed by the words "shall be deemed to be settled by the state" and a new relationship of landlord and tenant between the state of bihar and ..... section 3 of the ordinance runs as follows:--"substitution of new section for section 50 of bihar act vii of 1948: for section 50 of the said act, the following section shall be substituted and shall be deemed always to have been ..... miscellaneous first appeals by the decree-holder, which arise out of three execution cases, are directed against the order of the district judge, purnea, dated july 9, 1963, dismissing the execution cases filed by the appellants.2. .....

Tata Iron and Steel Co. Ltd. Vs. Sudhir Chandra Sarkar

Court : Patna

Reported in : AIR1969Pat53

..... arrangement is not entered into nor is the memorandum written, as a formal or legal agreement, and shall not be subject to legal jurisdiction in the law courts either of the united states or england, but it is only a definite expression and record of the purpose and intention of the three parties concerned, to which they each honourably pledge themselves, with the fullest confidence based on past business with each other that it will be carried ..... that the definition of 'workman' in clause (1) of section 2 of this act is identical to that given in clause (s) of section 2 of central act 14 of 1947 ..... apart from other considerations, the provision of law contained in central act 14 of 1947 brings about the distinction, sub-section (3) of section 18 says:"a settlement arrived at in the course of conciliation proceedings under this act or an arbitration award in a case where notification has been issued under sub-section (3a) of section 10a or an award of a labour court, tribunal or national tribunal which has become enforceable shall be binding on -"(a) all ..... reference to paragraph 55, i may observe here that the plaintiff of first appeal 444 of 1963 was entitled to a service certificate at the time of his retirement, which was not riven ..... " even in regard to the plaintiff in first appeal 444 of 1963 it was not pleaded or found that he was dismissed for misconduct or that he was guilty of misconduct as defined in clause ..... 444 of 1963, set aside the judgment and decree of the court below and .....

Kalyani Banerjee and ors. Vs. the State of Bihar and ors.

Court : Patna

Reported in : AIR1972Pat446

..... this court held that the vesting of the estate having taken place in january, 1955, the state became entitled to royalty from the mining lessees, if those leases were not otherwise modified under section 10 of the bihar land reforms act, this court stated thus:"prior to that the state was not entitled to such royalty, unless they claimed their mining rights on some other basis. ..... in my opinion, on a consideration of the portions of bridge's report, referred to by the learned counsel for the parties, it will be highly speculative to come to any definite conclusion as to whether the jagirdars in the district of palamau had or had not rights in the underground mineral rights within their jagirs. ..... 172-174 of 1963 in bihar mines ltd. v. ..... 369 of 1963, the main contentions raised in that counter-affidavit may be summarised as follows:(a) under the sub-lease granted to madan gopal rungta by the present petitioners, t. p. ..... 369 of 1963 was one t. p. ..... 369 of 1963 on the 23rd november, 1964, will have to be dealt with in extenso and in this context the later decision of the supreme court, in air 1967 sc 887 will have to be considered. ..... 369 of 1963, mentioned above. ..... 369 of 1963 and the decision of their lordships of the supreme court are dealt with more fully. ..... 369 of 1963 (shree tribeni prasad rungta v. ..... 369 of 1963, d/-23-11-1964, reported in 1965 bljr 706 = (air 1965 pat 274) adverting specially to paragraph 5 of the counter-affidavit filed by the state of bihar in that case. ..... 172-174 of 1963. .....

Suresh Singh Vs. the State of Bihar and ors.

Court : Patna

..... schedule c in a laboratory approved for this purpose by the licensing authority, shall be authorised to inspect the manufacture of items mentioned in schedule c:provided further that for a period of four years from the date on which chapter iv of the act takes effect in the states, persons whose qualifications, training and experience are regarded, by the appointing authority as affording, subject to such further training" if any as may be considered necessary, a reasonable guarantee of adequate knowledge and competence ..... society of great britain; or(c) is a graduate in medicine or science of a university recognised for this purpose by the appointing authority and has had at least one year's post-graduate training in a laboratory under (i) a government analyst appointed under the act or (ii) a chemical examiner or (iii) a fellow of the royal institute of chemistry of great britain (branch e) or (iv) the head of an institution specially approved for the purpose by the appointing authority:provided that only those inspectors who have ..... he referred to section 33 of the drugs and cosmetics act, 1940, (hereinafter to be referred to as 'the act'), which empowered the central government to make rules, and it was under this section that the rules were framed by the central government ..... 5 was also demonstrator with effect from 23-9-1963 in the said school and respondent no. ..... joined this institution on 23-9-1963 as demonstrator where teaching in post-matriculation diploma in pharmacy is .....