Court : Allahabad
Reported in : (1924)ILR46All333
..... when all the proprietors enter into an agreement by which they bind themselves by virtue of their position as proprietors that within a time fixed no transfer shall be effected without a first offer having been made to the other co-sharers, they are entering into a contract out of which an obligation arises on each, to the benefit of the other co-sharers, and which ..... with great respect to the learned judges of the calcutta high court, i think that the effect of the provision contained in section 54 of the transfer of property act was altogether overlooked and the basic principle underlying the english cases that such a contract creates an interest in land so as to bring it within the rule of ..... a contract of this nature can in no case bind the representatives of the parties, that is a matter to be decided by the enactment contained in section 37 of the indian contract act. ..... expressed therein was that no limit could be imposed upon the power of alienation which extends 'beyond any definite period' and which ..... the then owners enforceable against their representatives, that necessarily does not confer on them a power to act as the agents of their representatives. ..... the contention, therefore, is that these proprietors had no power whatsoever to enter into a contract on behalf of their future heirs and representatives, and if they ..... between the contract of a being enforceable under the law against his representatives and the power of a to enter into a contract on behalf of his representatives. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1962All486
..... amendment ordinance of 1949, which was replaced bythe banking companies (amendment) act 1950-the amendment ordinance, of 1949 and the subsequent amendment act of 1950 put in a clause in section 45-f of part iiia which provided:'notwithstanding anything to the contrary contained in the indian limitation act, 1908 (ix of 1908), or any other law for the time being in force, in computing the period of limitation proscribed for any suit or application by a banking company, the period of one year immediately preceding ..... the date of order for the winding up of the banking company shall be excluded'.this clause in section 45-f of part iiia of the banking companies act was introduced first by the amending ordinance which ..... section 235 of the companies act of 1913, as originally enacted contained three sub-sections, an sub-section (1), which conferred the power on the court to take, action at the instance of the liquidator or any creditor or contributory of the company in cases of misfeasance, misapplication, retainer or breach of trust no period of limitation was mentioned during which the application under the sub-section could be made. ..... 3,750/- without costs. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2006All227
..... in accordance with section 2 of the act, all on-going activity within any forest in any state throughout the country, without the prior approval of the central government, must ..... deemed licences in the event of the application for the grant of licence not being dealt with, contained in the sawmills rules, being rule 7, is also held to be contrary to the letter and spirit of the indian forest act and the orders of this court and is, accordingly, set aside.38. ..... the apex court having struck down the amendments relating to exemption of saw-mills using mechanical device with the use of power upto hp from obtaining the licence and the provision for deemed licence in the event of the application for grant of licence not disposed of within 60 days and there being no provision for presumption of grant ..... regulations of saw mills rules, 1978 so far as it exempted the saw mills using mechanical device with the use of power up to 3 hp from obtaining licence and directed that each and every saw mill running in the state of u.p ..... any damage to the tree growth in the forest under the control of government and adjacent rural areas; (ii) that the applicant is in a position to acquire necessary area for erecting and running a saw-mill in accordance with the conditions specified in the licence; (iii) that necessary machinery, power etc, is available or is likely to be available to the applicant; (iv) that the applicant has obtained a 'no objection certificate' from the district magistrate concerned for .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(2)AWC1404
..... submitted that under the indian forest act, 1927, the definitions given in sub-sections (4) and (7) of section 2 bamboo is included in the term 'forest produce'.6. ..... case of suresh lohiya (supra), the apex court was considering the question as to whether bamboo mat produced from the bamboos would be a forest produce in the eye of the indian forest act, 1927 or not. ..... sri mandhyan is not right in submitting that as under the forest act, bamboo is treated as a tree and therefore a forest produce, the same definition as given under section 2(4) and 2(7) of the said act be applied here also inasmuch as under sub-section (7) of section 2, bamboo has been specifically included in the definition of tree whereas under the adhiniyam there is no such definition of forest product or wood and, therefore, the common parlance meaning has to be ..... having given our anxious consideration to the various pleas raised by the learned counsel for the parties, we find that under the adhiniyam section 2(a) defines 'agricultural produce as follows:'(a) 'agricultural produce' means such items of produce of agriculture, horticulture, viticulture, apiculture, sericulture, pisciculture, animal husbandry, or forest as are specified in the schedule and includes admixture of two or more of such items and also includes any such item in processed form and ..... part of the definition of agricultural produce has been given only to provide guidance to the state government if it acts under section 4-a to amend the schedule. .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(3)AWC2843
..... zila panchayat adhiniyam and was never convicted or prosecuted under section 77 of the indian forests act, 1927. ..... learned counsel for the petitioner that the indian forest act, 1927 (hereinafter referred to as 'the act'), has been enacted to consolidate law relating to forests. ..... panchayat and zila panchayat adhiniyam is irrelevant for the purposes of running the saw mills under the provisions of the indian forest act and the; rules framed thereunder therefore, the authorities below were justified in passing orders dated 16.9.1998 ..... state legislature amended the act by addition of section 51a provided for regulatory powers in respect of manufacture of articles bailed on forest produce and for making rules in ..... has been clothed with the power to make rules under section 51 of the act in respect of the saw ..... (para 35).sustainable development is essentially a policy and strategy for continued economic and social development without detriment to the environment and natural resources on inequality of which continued activity and ..... therefore, necessary for the government to keep in view the international obligations while exercising discretionary powers under the conservation act unless there are compelling reasons to depart ..... courts. interpretive exercise of such power should be in consonance with the provisions of such statutes not only having regard to the principle of purposive construction so as to give effect to the aim and object of the legislature; keeping the principles ..... power to .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2006All246; 2006(3)AWC2295
..... stone ballast, khanda and boulders are not and cannot be included within the definition of the forest produce as given in sub-section (4) of section 2 of the indian forest act, 1927 (hereinafter referred to as 'the act'). ..... such goods are being brought from the forest as during transportation they cross the forest, they would be covered under the definition of forest produce under sub-clause (iv) of clause (b) of sub-section (4) of section 2 of the act. ..... : air1997sc1228 , the apex court has held that the word 'forest' must be understood according to its dictionary meaning which description covers all statutorily recognised forests, whether designated as reserved, protected or otherwise for the purposes of section 2(1) of the forest conservation act.13. ..... would become forest produce only when it is brought from the forest and would fall under sub-clause (iv) of clause (b) of sub-section (4) of section 2 of the act. ..... iv at page 422, the full bench has held that even the dictionary meaning clearly shows that forest means an extensive tract of land together with the trees and undergrowth which covers such tract and also includes pastures which intermingled with such tract ..... by another order dated 29.11.2005, the deputy conservator of forest, orai, has directed the forest range officer, jalaun, kalpi, orai, eta and kadaura to act in accordance with the judgment of this court in civil ..... to be forest produce under the act and the transit rules, is wholly misconceived and on a wrong assumption .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(2)AWC1199
..... so far as the land held by the company in other villages is concerned the same has been declared to be a reserved forest area under the provisions of indian forest act, 1927 (hereinafter referred to as 'the forest act'). ..... both these notifications issued under section 4 and section 20 of the indian forest act has become final as the company had not challenged the same in any court of law.3. ..... the aforementioned decisions have laid down that if the land does not fall under section 3 of the forest act, the proceedings taken under the said act would be without jurisdiction and nullity. ..... section 8 prescribes that the forest settlement officer shall have the same powers as a civil court has in the trial of a suit. ..... section 7 gives power to the forest settlement officer to investigate the objections. ..... it is thus, obvious that the forest settlement officer has the powers of a civil court and his order is subject to appeal and finally revision before the state government. ..... section 6, inter alia, gives power to the forest settlement officer to issue a proclamation fixing a period of not less than three months from the date of such proclamation and requiring every person claiming any right mentioned in section 4 or section 5 within such period, either to present to the forest settlement officer a written notice specifying or to appear before him, and state the nature of such right and the amount and particulars of the compensation (if any) claimed in respect thereof. .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(3)AWC2339
..... 2, prescribed authority/divisional forest officer (social forestry), etawah, has seized the vehicle of the petitioner under section 52a of the indian forest act, 1927 (hereinafter referred to as the act) as amended by ..... 121/02-03 under sections 26/52 and 55 of indian forest act and rule 3/28 of the corresponding ..... order of confiscation of any tool, boat, vehicle, cattle, rope, chain or other article shall be made if any person referred to in sub-section (4) provides to the satisfaction of the authorized officer that any such tool, boat, vehicle, cattle, rope, chain or other article was used without his knowledge or connivance or without the knowledge or connivance of his servant or agent, as the case may be, and that all reasonable precautions had been taken against use of the. ..... the present case, the petitioner has, from his side, adduced evidence to show that he had no knowledge of the vehicle being used for such purposes and without considering or dealing with such evidence, the authorities below have arrived at a conclusion that the vehicle was used with the knowledge and connivance of the petitioner. ..... 2, prescribed authority/divisional forest officer (social forestry), etawah, under section 52a(4) of the act to show cause why the ..... the said sub-section clearly provides that no order of confiscation of any vehicle shall be made if the person proves to the satisfaction of the authorized officer that such vehicle was used without his, or his servant's or agent's knowledge or .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(1)AWC542
..... from the perusal of the pleadings of the parties, it transpires that the demand of the respondents is in exercise of power conferred by the uttar pradesh transit of timber and other forest produce rules, 1978 (hereinafter called the 'rules'), made by the state of uttar pradesh in exercise of power conferred upon it under sections 41, 42, 51 and 76 of the indian forest act, 1927 (hereinafter called the 'act').4. ..... it is not disputed by the learned counsel of the petitioner that the definition of 'forest produce' given in subsection (4) of section 2 of the act does cover the timber and firewood moved by the petitioner from one destination to another into or from or within the state of uttar ..... sub-section (4) of section 2 of the act defines forest produce ..... in view of the fact that the timber and firewood moved by the petitioner is a forest produce, the petitioner would be liable to pay transit fee under rule 5 of the rules ..... rule 3 of the rules provides that no forest produce shall be moved into or from or within the state of uttar pradesh except as provided in the rules, without a transit pass in the form prescribed in schedule 'a' of the rules from an officer of the forest department or a person duly authorised by or under the rules to issue such pass or otherwise than in accordance with the conditions of such pass or by any route or to any destination other than the route or destination specified in such pass ..... 5 of the rules requires the payment of transit fee on the forest produce. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1971All200
..... section 82 of the indian forest act, 1927, provides for the recovery of money due to government under the act in the following terms:--'all money payable to the government under this act, or under any rule made under this act, or on account of the price of any forest-produce, or of expenses incurred in the execution of this act in respect of such produce, may, if not paid when due, be recovered under the law for the time being in force as if it were an arrear of land-revenue'.the learned standing ..... counsel has not been able to show me that the amount sought to be recovered from the petitioner is payable under any provision ofthe act or of any rule ..... collector of mirzapur, air 1956 all 721 that such loss was not included in the term 'price' and, thereafter, it could not be recovered under section 82 as 'price of any forest-produce. ..... the full bench held that the deficit amount could be recovered as arrears of land revenue by virtue of the provisions of section 155(b) of themadhya pradesh land revenue code, 1959. ..... by the agreement of the parties the scope of section 82 cannot be enlarged; nor can any jurisdiction be conferred upon the collector to recover the amount as arrears of land .....
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