Judgment Search Results Home > Cases Phrase: forest offence Court: us supreme court Page 4 of about 38,564 results (0.086 seconds)

Union Of India Vs. M/s. Ganpati Dealcom Pvt. Ltd. Tthrough Managing Di ...

Court : Supreme Court of India

..... officer concerned should pass a written order recording reasons for confiscation, if he is satisfied that a forest offence has been committed by using the items marked for confiscation. ..... several possible alternatives could be thought of, with reference to prohibiting or regulating benami transactions for avoiding prejudice to private individuals or minimising litigation: (i) entering into a benami transactions could be made an offence; (ii) a provision may be enacted to the effect that in a civil suit a right shall not be enforced against the benamidar or against a third person, by or on behalf of the person claiming to be the real owner of the property ..... or any other article other than timber or forest produce seized, confiscation may be directed unless the person referred to in clause (b) of sub section (5) is able to satisfy that the articles were used without his knowledge or connivance or, as the case may be, without the knowledge or connivance of his servant or agent and that all reasonable and necessary precautions had been taken against the use of such objects for commission of forest offence. ..... the satisfaction of 82 the authorised officer with regard to the commission of forest offence. ..... element of mens rea, but it is a sound rule of construction adopted in england and also accepted in india to construe a statutory provision creating an offence in conformity with common law rather than against it, unless the statute expressly or by necessary implication excluded mens rea. .....

Mir Mustafa Ali Hasmi Vs. The State Of A.p.

Court : Supreme Court of India

..... he was questioned with reference to forest offence report which was prepared during the inspection of the saw-mill on 6th january, 2003, ..... being referred to as ao1 ) and accused officer no.2(hereinafter being referred to as ao2 ) were convicted and sentenced as below:- 1 i) offence punishable under section 7 of prevention of corruption act, 1988(hereinafter being referred to as pc act ): rigorous imprisonment of one year and a fine of rs.1,000/- each (in default, simple imprisonment for three months) ii) offence punishable under section 13(1)(d) read with 13(2) of pc act: rigorous imprisonment of one year and a fine of rs. ..... after a week of this event, the appellant(ao1) and the forest guard(ao2) again came to the saw- mill and demanded a monthly amount(mamool) of rs.5,000/- to refrain from taking any further action ..... trial court framed charges against the appellant(ao1) and ao2 for the offences punishable under sections 7, 13(1)(d) read with section 13(2) of the pc ..... 2003, the flying squad of the forest department comprising of mir mustafa, forest section officer(appellant herein)(ao1) and ..... acceptance or receipt of an illegal gratification without anything more would not make it an offence under section 7 or sections 13(1)(d)(i) and (ii), respectively of the act. ..... by the public servant when accepted by the bribe-giver and in turn there is a payment made which is received by the public servant, would be an offence of obtainment under sections 13(1)(d)(i) and (ii) of the act. 88.5. .....

State of Tripura and ors. Vs. Bina Choudhary and ors.

Court : Supreme Court of India

Reported in : AIR2007SC2169; 2007(4)AWC3321(SC); JT2007(8)SC519; 2007(8)SCALE378; (2007)7SCC52

..... that a written undertaking was to be given by the owner of the truck that he shall ensure that in future the vehicle would not be used for commission of any forest offence. ..... the said vehicle could not produce the registration papers of the vehicle as required under the forest rules for carrying forest produce and also failed to produce any documents like g.p. ..... a show cause notice was issued to the owner of the vehicle as to why the said vehicle shall not be confiscated under section 52(a)of the indian forest (tripura second amendment) act, 1986 (in short the 'tripura act').5. ..... the matter was also taken up with the forest officer for apprehending of the culprits and recovery of ..... in consideration of the submission made, the chief conservator of forest, tripura by its order dated 27.9.1993 revising his previous order and re- assessing the valuation of the truck ..... 3/cb-93 dated 11.06.1993 was drawn by the forest beat office, champabari beat office of champaknagar forest range against the owner of said vehicle for illegally carrying, illicitly ..... owner of the truck pleaded guilty and prayed for compounding of the offence in response to the show cause notice.6. ..... on 13.8.1993 the chief conservator of forest, tripura, directed the case to be compounded on ..... the vehicle kartik chandra ghosh was arrested and the vehicle was seized and subsequently brought to champaknagar range under teliamura police station and kept in the custody of the in- charge, divisional forest protection party, taliamura.4. .....

Oma Ram Vs. State of Rajasthan and ors.

Court : Supreme Court of India

Reported in : JT2008(6)SC290; 2008(7)SCALE158; (2008)5SCC502; 2008AIRSCW3595; 2008(5)SCC502; 2008(3)Supreme207; 2008(4)LH(SC)2575

..... krishnan : 2000crilj3971 this court while considering a case of forest offence under the karnataka forest act, 1963, observed that the provisions of the act should be strictly complied with and generally the seized forest produce and the vehicle, boat, tools etc. ..... shall-(a) where no order of confiscation is ultimately passed by the excise commissioner or the officer authorized by the state government in this behalf or, (b) where an order passed on appeal under sub-section (5) so requires; or(c) where in a prosecution instituted for commission of offence under this act in respect of which an order of confiscation has been made under this section, the person concerned is acquitted,be paid, returned or refunded, as the case may be, to its owner:provided that no interest shall be payable ..... to the excise commissioner or to the officer, not below the rank of the district excise officer, as may be duly authorized by the state government in this behalf and whether or not a prosecution is instituted for commission of such an offence, the excise commissioner or the officer authorized in this behalf by the state government, having jurisdiction over the area where the said means of conveyance was seized, may, if satisfied that the said means of conveyance ..... used in commission of forest offence should not be released and even if the court is allowed to release the same, the authorized officer must specify reasons therefor and must insist on furnishing of bank guarantee as the minimum condition .....

State of Himachal Pradesh Vs. Dhanwant Singh

Court : Supreme Court of India

Reported in : AIR2004SC1636; 2004CriLJ1431; JT2004(2)SC367; 2004(2)SCALE423

..... since forest offence was believed to have been committed in respect of the seized articles, which was considered to be the property of the state government, a report to the forest officer nalagarh was made. ..... for arriving at such conclusion, learned additional sessions judge was of the view that since offence was committed in respect of property, which according to the appellate judge was not claimed to be state's property despite the indisputable fact that there is a statutory presumption, as to such properties - forest produce being the properties of the state, the authorized officer had no jurisdiction to pass the order. ..... the said petition was directed against judgment dated 13.12.1993 of learned additional sessions judge, solan, in an appeal under section 59(2) of the indian forest act, 1927 (in short the 'act') as amended by the indian forest act (himachal pradesh second amendment act, 1991), (hereinafter referred to as 'amendment act') as applicable to the state of himachal pradesh. ..... near the sale depot of himachal pradesh forest corporation on nalagarh ram shehar road. .....

Banwasi Seva Ashram Vs. State of U.P. and ors.

Court : Supreme Court of India

Reported in : AIR1987SC374; JT1993(1)SC615; 1986(2)SCALE867; (1986)4SCC753; [1987]1SCR337

..... parties in the presence of officers of the state government and ntpc and representatives of the banwasi seva ashram, we proceed to give the following directions:(1) so far as the lands which have already been declared as reserved forest under section 20 of the act, the same would not form part of the writ petition and any direction made by this court earlier, now or in future in this case would not relate to the same. ..... criminal cases for encroachments as also other forest offences were registered and systematic attempt was made to obstruct them from free ..... area involved was 9,23,293 acres out of which in respect of 58,937.42 acres notification under section 20 of the act has been made declaring the same as reserved forest and in respect of 7,89,086 acres notification under section 4 of the act has been made. ..... within six weeks from 1-12-1986, demarcating pillars shall be raised by the forest officers of the state government identifying the lands covered by the notification under section 4 of the ..... when a part of the jungle became reserved forest and in regard to other proceedings under the act were taken, the forest officers started interfering with their operations in those ..... government declared a part of these jungle lands in the two tehsils as reserved forest as provided under section 20, forest act, 1927, and in regard to the other areas notification under section 4 of the act was made and proceedings for final declaration of those areas also as reserved forests were undertaken. .....

Assistant Forest Conservator and ors. Vs. Sharad Ramchandra Kale

Court : Supreme Court of India

Reported in : AIR1998SC2927; 1998(1)ALD(Cri)258; 2000(121)ELT14(SC); JT1997(9)SC641; (1998)1SCC48

1. this appeal is filed against the judgment and order of the bombay high court in writ petition no. 104 of 1988.2. the truck of the respondent was ordered to be confiscated by the assistant conservator of forests, as it was found involved in commission of a forest offence. that order was confirmed by the conservator of forests. against his order, the respondent preferred an appeal to the sessions court but it was dismissed. therefore, he approached the high court with a petition under article 227 of the constitution. the high court set aside the order of confiscation on the ground that the authorities had failed to establish that the owner of the truck had any knowledge that his truck was likely to be used for carrying forest produce in contravention of the provision of the forest act. this finding was based upon the evidence on the record. therefore, we do not consider it proper to interfere with such finding.3. we, therefore, dismiss this appeal .

Dr. Ajay Singh Rawat Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : JT1995(3)SC39; 1995(2)SCALE236; (1995)3SCC266; [1995]2SCR632; 1995(1)LC817(SC)

..... it has been stated that the forest offence is compoundable and the maximum compounding penalty is rs. ..... the environmental degradation has taken place, inter alia, because of increase in pollution, over-grazing, lopping and hacking of oak forests, forests fires, land slides, quarrying etc. ..... (iii) whether hill cutting and destruction of forest is going on in catchment area of lake and in naini hill especially due to construction of buildings. ..... (iii) hill cutting and destruction of forests have been confirmed. ..... (v) the offence of illegal felling of trees is required to be made cognizable. ..... the collusion of forest department officers has been mentioned as one of the causes of the illegal felling of trees. ..... (v) felling of trees should be made cognizable offence.7. .....

State Through Central Bureau of Investigation Vs. Parmeshwaran Subrama ...

Court : Supreme Court of India

Reported in : AIR2010SC584; 2009(57)BLJR3150; 2009(242)ELT162(SC); JT2009(12)SC458; 2009(12)SCALE410; (2009)9SCC729; 2009(10)LC4665(SC); 2009(5)LHSC3216; 2009(6)Scale792

..... jharkhand high court held that even though there is no specific provision in section 52(3) of the indian forest act, 1927 as amended by bihar act 9 of 1990, a vehicle seized for alleged involvement in commission of forest offence can be released on payment of fine in lieu of confiscation. ..... the issue that arises for consideration is whether the learned special judge as well as the high court have committed any error in refusing to take cognizance of the offence punishable under section 12 of the act alleged to have been committed by the respondents on the ground that there has been no previous sanction of the government as required under section 19 ..... the aforesaid legal principles the inevitable conclusion is that the high court fell into error in reading into section 19 of the act, the prohibition not to take cognizance of an offence punishable even under section 12 of the act without previous sanction of the government which is not otherwise provided for. ..... completion of the investigation charge sheet was filed in the court of learned special judge against both the respondents for the offences punishable under section 120b read with section 12 of the prevention of corruption act, 1988 (hereinafter referred to as 'the ..... the language employed in section 19 of the act is couched in mandatory form directing the courts not to take cognizance of an offence punishable under sections 7, 10, 11, 13 and 15 only, alleged to have been committed by a public servant, except with the previous .....

The Registrar General High Court Of Karnataka Vs. M. Narasimha Prasad

Court : Supreme Court of India

..... that the judicial officer forest offence - exclusively proved had granted bail to an triable by magistrate. ..... under the karnataka conditional bail had been forest act, at the granted, application for instance of the counsel cancellation of bail was filed, for the accused, and counsel appearing for the preponed the case and accused did not refute granted bail ..... the judicial officer had, somasekhar was the advocate proved in a case involving appearing for the two accused, offences punishable had a grievance against him. ..... not a accused in a case violation of section 86, 87 involving offences nor was it an ivory case. ..... under the karnataka was under section, 104(a), forest act, 1963. .....