Court : Gujarat
Reported in : AIR2007Guj81
..... the case of the plaintiff before the learned trial court was that in exercise of the powers conferred by sub-section-(1) of section 35 of the indian forest act, 1927, in its application to the state of bombay, a notification dated 9th september, 1954 was issued ..... an injunction against the state government.3.2 the defendants appeared in the court and submitted that in accordance with the notification (exh.81), the land has been declared as forest land and in accordance with section 35 of the indian forest act, 1927 (the act for short), they are entitled to take preventive action against the plaintiff. ..... exh.81, a notification issued by the agriculture, forests and cooperation department, submitting, inter alia, that in exercise of the powers conferred by sections 4 and 17 of the indian forest act, in its application to the state of gujarat, the state has declared and decided to constitute the land in the villages of himmatnagar taluka, sabarkantha district specified in the schedule appended thereto as reserved forest. ..... for hearing the parties on 31st july, 2006 on the following substantial question of law:whether on the facts and in the circumstances of the case, after issuance of the notification under section 35 of the indian forest act, whether the land in dispute over which the plaintiff claims title and possession would vest free from all encumbrances in the state of gujarat in accordance with the provisions contained in gujarat private forest (acquisition) act, 1972 (gujarat .....
Tag this Judgment!Court : Gujarat
Reported in : (1983)2GLR1495
..... he submitted that section 54 of the indian forest act, 1927 (hereinafter referred to as 'the act') was not attracted as it did not authorise the learned magistrate to pass the impugned order at an interim ..... the very scheme of the sections of chapter ix of the act indicates that section 54 conferred upon the magistrate the authority to take all such measures as may be necessary for the arrest and trial of the offender and the disposal of the property ..... the magistrate shall, with all convenient despatch, take such measures as may be necessary for the arrest and trial of the offender and the disposal of the property according to law.thus, it is evident that upon the receipt of a report from a forest officer under section 52(2) of the act, magistrate has the authority to take such measures as are necessary for the arrest and trial of the offender and the disposal of the property according to law. mr. ..... mehta's contention that the impugned order is without jurisdiction as the magistrate had no power to pass the same order at the interim stage.both the contentions ..... of the report, it is the magistrate who is authorised to pass the necessary orders (pending the trial) with regard to the arrest of the offender, trial of the offender and the disposal of the property according to law.15. ..... take such measures as may be necessary for the arrest and trial of the offender and the disposal of the property according to law' make it clear that such powers are to be exercised at the interim stage. .....
Tag this Judgment!Court : Gujarat
Reported in : 1963CriLJ664; (1963)GLR493
..... , first class, chhota udepur, for offences under clauses (e), (f) and (g) of sub-section (1) of section 26 of the indian forest act on the allegation that the accused had in a forest, in respect of which a notification had been-issued by the state government under section 4, caused damage by negligence in felling trees and cutting timber, made charcoal by burning trees and removed the forest produce in the shape of timber during the period from 31st august 1961 to 8th september 1961 without the permissionin writing of the ..... sompura was that an interim order directing the complainant not to proceed with the sale of the forest produce during the pendency of the complaint could be made by the learned magistrate under section 56 of the indian forest act or in any event under section 516a of the code of criminal procedure. ..... that being the position no reliance could be placed on behalf of the accused on section 56 for the purpose of invoking a power in the learned magistrate to make an interim order in respect of the forest produce forming the subject matter of the offence charged against the accused. ..... then follows section 54 which enacts that upon the receipt of the report of the officer seizing the forest produce, the magistrate shall with all convenient despatch, take such measures as may be necessary for the arrest and trial of the offender and the disposal of the property according to -law. .....
Tag this Judgment!Court : Gujarat
Reported in : (2000)3GLR295
..... petitioner thereafter was heard and ultimately by the ordere dtd.17.7.99, the learned magistrate came to conclusion that since the offence committed is regarding the indian forest act, he had no jurisdiction to order the custody of the truck of the petitioner or pass any order regarding muddamal.4. ..... on detailed investigation the truck was found loaded with kherwood, which was banned by indian forest act and hence against these persons an offence came to be registered under sec.379, 468, 471 and 114 of the ..... now the truck is also confiscated by the deputy conservator of the forest under the indian forest act and therefore the magistrate concerned was correct in ruling that he had no jurisdiction to deal with the muddamal and no interference in this order is required at all. ..... the first contention of mr.shah it is clear that as per the facts of the case of bombay high court, the tempo in question was seized on the assumption that it was likely to be used for the forest offence and when seized, no contraband article was found as per the forest act while in the present case, from the truck seized, contraband articles as per the indian forest act were found. ..... court on 2.9.1999 has passed an order that the forest officer to be satisfied after going through the papers, that whether an offence under indian forest act has been committed or not. ..... however, under the indian forest act the applicant has right to appeal before the court of ..... 33 of the indian forest act, being c.r.no.80/99 at .....
Tag this Judgment!Court : Gujarat
Reported in : (1982)2GLR337
..... of his principal, and(2) the amendment made by the high court of gujarat in respect of clause (a) of rule 2 of order 3 has stood repealed by section 97 of the code of civil procedure (amendment) act, 1976.the aforesaid grounds pressed in service by the learned member of the tribunal to base his conclusion that a power of attorney holder of a party in judicial proceedings before the mamlatdar has no right to depose on oath on behalf of the party whom he represented are clearly ..... the question whether the general power of attorney holder of a party can be a competent witness on behalf of a party before a judicial tribunal or authority has to be answered in the light of section 118 of the indian evidence act as already shown above and for answering that question the provisions of order 3 rules i or rule 2(a) are beside the point and can afford no guidance whatsoever as a result, it must be held that ..... bakshi has taken the view that the general power of attorney holder of a party cannot depose on oath before the mamlatdar holding an inquiry under section 32-g read with section 29 of the bombay tenancy and agricultural lands act, 1948 (hereinafter referred to as the act) and accordingly the learned member of the tribunal has remanded the proceedings for ..... power of attorney holder of a party, only on the ground that he holds the power of attorney, cannot be said to be in the category of persons who are incapable of being witnesses as provided by section 118 of the indian evidence act .....
Tag this Judgment!Court : Gujarat
Reported in : (1961)2GLR145
..... section 26 of the indian forest act relates to reserved forests land and it provides that any person who in a reserved forest clears or breaks up any land for cultivation or any other purpose shall be guilty under section 26(h) of the act as it is not the prosecution case that the land in question was reserved forest land the conviction under section 26(h) the indian forest act is bad and must be set aside.3. ..... the learned counsel for the opponent, however, contends that the convictions are erroneous and should be set aside.as regards the conviction under section 26(h) of the indian forest act the case of the prosecution was that on 3-9-59 the accused illegally entered into the land belonging to forest department with an intention of cultivating and tilling the land unauthorisedly and also cultivated the same land. ..... code and section 26(h) of the indian forest act, and sentenced to pay a fine of rs. ..... his plea of guilty merely amounts to a plea of an admission that he had entered the land belonging to the forest department with an intention of cultivating and tilling the land unauthorisedly and that he cultivated the said land. ..... as regards the conviction under section 447 indian penal code the learned magistrate relied on the plea of guilty by the accused. ..... it is alleged by the prosecution that on 3-9-59 the accused illegally entered into the land belonging to forest department with an intention of cultivating and tilling the land unauthorisedly and also cultivated the same land.5. .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)2GLR964
..... later on, the law relating to forests and the transit of forest produce was passed in a consolidated form as the indian forest act, 1927 (xvi of 1927). ..... on behalf of the petitioners that there will not be any scope for the state government to grant permission under section 29 of the said act because laying of pipeline will not in any manner be for the improvement or better management of wild life, and therefore, the exercise undertaken by the state is without jurisdiction, the court observed that under section 29, the chief wild life warden shall not grant a permit to destroy, exploit or remove any wild life ..... ., reported in : (1997)1scc738 wherein it was observed that judicial review of contractual transactions by government bodies is permissible to prevent arbitrariness, favouritism or use of power for collateral purposes.in the case of securities and exchange board of india (supra-ix), a division bench of this court has held that the construction has to be given so as to suppress the mischief and advance the remedy and to ..... if any decision is there which renders the provisions of the act to be nugatory, defeats the object of the act and thwarts the very legislative intent for which the act was enacted, the court in such cases have to keep the object of the act at the higher pedestal for examining the larger questions which are raised challenging the executive order issued in exercise of the powers which are vested upon the authorities and functionaries of the .....
Tag this Judgment!Court : Gujarat
Reported in : (1984)2GLR1477
..... . not only that but it was found on the record of that case that on 6-7-1956, the state government issued a notification under section 34(a) of the indian forest act, 1927 declaring all uncultivated lands in the said 39 villages to be forests for the purposes of ch ..... . in the present case, it is an admitted position that no notification under section 34(a) of the indian forest act, 1927 has ever been issued so far as the concerned forest lands go ..... . it was also noticed that in waghach case, the dispute related to cutting of teak and paneharao trees standing in the forest lands that is to say, special kind of trees in respect of which a notification under section 34-a of the indian forest act had been issued, and consequently the ratio of the decision of waghach case (supra) was confined to its own peculiar facts ..... . once the state authorities recognised the rights of the petitioners in the trees situated in the private forest lands with which i am concerned it goes without saying that when such private forest lands are acquired, the petitioners are entitled not only to be compensated for the acquired forest lands but also for the trees standing thereon over which the state of gujarat at no time claimed any proprietary right ..... . it is pertinent to note at this stage that under section 35 of the indian forest act, amongst others, the state government has power to issue a notification not only to regulate but to prohibit cutting, sawing, conversion and removal of trees .....
Tag this Judgment!Court : Gujarat
Reported in : (1995)2GLR1346
..... 6727 belonging to the petitioner under section 61a of the indian forests act, 1927, on the ground that teak wood ..... writing has to be issued to the registered owner thereof and his objections have to be heard;(iii) if the owner of the vehicle proves to the satisfaction of the authorised officer that it was used in carrying forest produce without the knowledge or connivance of the owner himself, or his agent, and the person in charge of the vehicle, and that each of them had taken all reasonably and necessary precautions against such use, no order ..... is produced before the authorised officer under sub-section (1) and he is satisfied 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, ropes, boats, vehicle and cattle used in committing such offence.such power has to be exercised by taking into consideration ..... of course, the supreme court had rendered its decision under the confiscatory provision which did not contain a negative requirements contained in section 61-b of the act, but as stated above, the requirements of section 61-b have to be read subject to the empowering section 61-a(2), and such a power has to be exercised after taking into consideration all the relevant facts including the owner's direct or indirect involvement in the commission of the offence, the care and protection .....
Tag this Judgment!Court : Gujarat
Reported in : (1985)2GLR836
..... on considering the materials the deputy conservator of forest has passed the aforesaid order under section 61a of the indian forest act, 1927 for confiscating the vehicle i.e. ..... submits that when the order is passed by the learned sessions judge under sub-section (1) of section 61d of the indian forest act it is final and that order cannot be questioned in any court of law. ..... patel, the learned advocate appearing for the petitioner states that there is no of evidence to show that the said tempo was used in committing the offence as required under section 61a of the indian forest act and therefore, the order of confiscation is bad and the orders passed by the dy. ..... proper appreciation of the second point it is necessary to quote section 61a of the indian forest act which reads as under:61a. ..... (1) notwithstanding anything contained in the foregoing provisions of this chapter or in any other law for the time being in force, where a forest offence is believed to have been committed in; respect of any forest produce which is the property of the state government, the officer seizing the property under sub-section (1) of section 52 shall without any unreasonable delay produce it together with all tools, ropes, chains, boats, vehicle and cattle used in committing such offence, before an officer authorised by ..... when the high court has power of superintendence under article 227 it cannot be said that sub-section (2) of section 61d of the indian forest act takes away the powers of the high court. .....
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