Judgment Search Results Home > Cases Phrase: indian forest act 1927 section 64 power to arrest without warrant Court: guwahati Page 1 of about 10 results (0.132 seconds)

The State of Tripura Vs. Seshimohan Malakar and ors.

Court : Guwahati

..... f 913/viii-7, dated the 28th march, 1951, issued by the government of tripura gazette dated the 31st march, 1951, could exercise the power to arrest without a warrant under section 64 of the said act in certain cases : one of them is that the offence should be committed within a distance of 5 miles of tripura border as required by the said notification. ..... an offence punishable under section 42 of the indian forest act, 1927 has, therefore, been made out, we accordingly set aside the acquittal of all the respondents under section 42 of the indian forest act, 1927 and convict the respondents accordingly under the said section.7. ..... after distinguishing the earlier decision it was pointed out by the learned chief justice, on an interpretation of the expression 'forest produce', as used in the indian forest act, there was an implied power in the government to regulate the transit of timber even if it may not be the property of government we are in respectful agreement with the learned chief justice. ..... this is an appeal by the state of tripura against the acquittal of all the four respondents of offences punishable under section 42 of the indian forest act and of respondent no. .....

The State Vs. Chand Meah and ors.

Court : Guwahati

Reported in : 1961CriLJ299

..... ) which i shall call as the tripura forest act.the said act continued on force alter the integration of tripura in october, 1949 and until it was repealed by section 4 of the part c states laws act, 1950 and in its place the indian forest act xvi of 1927 was extended to tripura with effect from 15-44950 by section 3 of the part c states laws act. ..... further arguments on the scope of article 134(l)(c), we would prefer not to express any opinion as a constitution bench as to the validity of the certificates given by the high court in this case, for assuming, without deciding, that the certificates were wrongly given, we would, in view of the clear majority decision of this court on article 286(l)(b) which \s not questioned before us and the equally clear and convincing evidence on record in these ..... the high court exercises the powers conferred on a court of appeal by sections 423, 426, 427 and 428 of the said code. ..... but the earlier decision namely air 1954 sc 20 has laid down that an order of acquittal is final subject only to the overriding powers vested with the supreme court by article 136 of the constitution. ..... , and such an order is final, subject, however, to the overriding powers vested in the supreme court by article 136 of the constitution.12. .....

The State Vs. Chand Meah and ors.

Court : Guwahati

Reported in : 1961CriLJ299

..... ) which i shall call as the tripura forest act.the said act continued on force alter the integration of tripura in october, 1949 and until it was repealed by section 4 of the part c states laws act, 1950 and in its place the indian forest act xvi of 1927 was extended to tripura with effect from 15-44950 by section 3 of the part c states laws act. ..... further arguments on the scope of article 134(l)(c), we would prefer not to express any opinion as a constitution bench as to the validity of the certificates given by the high court in this case, for assuming, without deciding, that the certificates were wrongly given, we would, in view of the clear majority decision of this court on article 286(l)(b) which s not questioned before us and the equally clear and convincing evidence on record in these ..... the high court exercises the powers conferred on a court of appeal by sections 423, 426, 427 and 428 of the said code. ..... but the earlier decision namely air 1954 sc 20 has laid down that an order of acquittal is final subject only to the overriding powers vested with the supreme court by article 136 of the constitution. ..... , and such an order is final, subject, however, to the overriding powers vested in the supreme court by article 136 of the constitution.12. .....

State of Tripura and ors. Vs. Sri Haradhan Chowdhury

Court : Guwahati

..... the plaintiff-respondent started felling those trees without permission from the forest officials which had given rise to the two proceedings under section 379, ipc and under section 33 of the indian forest act. ..... the order of the sdjm discharging the plaintiff-respondent from the charge framed under section 379 ipc and under section 33 of the indian forest act for want of any scrap of paper in support of the claim of the forest department that those trees were felled from khas land was not called in question in ..... making effort to derive support from the provision of section 69 of the indian forest act, an argument was advanced that when a question arises as to whether any forest produce is the property of the government, such produce shall be presumed to be the property of the government until the ..... respondent was taken by surprise by his sudden arrest on 9-2-81 by the forest officials and institution of two cases against him, one under section 379 of the indian penal code (for short, 'ipc') and the other under section 33 of the indian forest act. ..... therefore, subsequent action of the forest officials suddenly arresting the plaintiff-respondent from his house and instituting against him two criminal cases on the allegation that he had felled those trees from the khas land or protected or reserved forest cannot but be mala fide action on their part leading to a ..... two issues were framed to determine whether the plaintiff-respondent was arrested and detained for malicious prosecution. .....

Mulibash Hastasilpa Samabay Samity Ltd. and ors. Vs. State of Assam an ...

Court : Guwahati

..... : (1996)10scc397 wherein the supreme court while construing analogous provisions in indian forest act, 1927 and having framed the question whether bamboo mate is a 'forest produce' as is this expression known to the indian forest act, 1927, held that '... ..... the learned judge even after noticing the said notification, framed the question requiring adjudication by the court in the following manner:(i) whether the finished products like beti & chati can be treated as 'forest produce' for the purpose of transit pass?in our considered opinion, framing of the issue itself was not required since nobody challenged the notification dated 4-5-1992 issued by the govt. ..... the learned judge, however, took the view that beti & chati are nothing but split form of bamboo, which is capable of being transformed without any skill and, therefore, cannot be treated as finished products. ..... are not 'forest produce' within the meaning of that expression as provided for under section 3(3) of the assam forest regulation, 1891, as amended from time to time.3. ..... accordingly, this writ appeal is allowed without any order as to costs.11. ..... the definition of this expression leaves nothing to doubt that it would not take within its fold an article or thing which is totally different from forest-produce having a distinct character... .....

Ranabir Bhowmik Vs. State of Tripura

Court : Guwahati

..... accordingly, the complainant launched prosecution against the accused petitioner for contravention of the provisions of section 26(1) and 42 of the indian forest act, 1927 and cognizance of offence was taken under section 42 of the said act.3. ..... the accused petitioner being convicted under section 42 of the indian forest act, 1927 and sentenced to suffer r.i. ..... it was stated in the offence report that the seized auto rickshaw was dealt with separately under the provision of section 52a of the indian forest act, 1927. ..... the prosecution has not been able to show how it took up the seized auto rickshaw under the provisions of section 52-a of the indian forest act.12. ..... has dealt separately with the aforesaid auto rickshaw under section 52-a of the indian forest act. ..... no evidence has been led by the prosecution as to whether possession of such small size and the quantity of timber would attract contravention of any provision under the indian forest act. ..... the accused petitioner drove away the auto rickshaw at high speed without responding to his signal and suddenly it dashed against the vehicle of the complainant. ..... 1 series were produced before the trial court without any such special identification mark or any label with signature of the seizure witness thereon and they were simply exhibited. ..... or of the accused, and without making any special identification mark on the seized timber. ..... but they have chosen not to examine him without showing any explanation.9. .....

Gopeswar Saha Vs. State of Tripura and ors.

Court : Guwahati

..... district judge, west tripura, agartala passed under sub-section (5) of section 52a of indian forest (tripura second amendment) act, 1986 upholding the order of confiscation of the vehicle (lorry) belonging to the petitioner passed by the authorized officer (divisional forest officer) in exercise of power under sub-section (2) of section 52a of the said act, has been put under challenge in this writ ..... his driver showing any clause forbidding the driver from carrying and illicit/ contraband forest produce in the vehicle and he did not even examine the assistant who accompanied the vehicle and, as such, in my considered opinion in absence of any such evidence produced by the owner-petitioner, it cannot be presumed that the driver carried the illicit timber without his consent and as such in my considered opinion, the finding arrived ..... air 1998 sc 2927, learned advocate general submits that in case the owner could successfully prove that the vehicle was used for carrying forest produces incontravention of the forest act without the knowledge of the owner, no order of confiscation is called for. ..... if the owner could prove by convincing evidence that the driver carried contraband forest produces without his consent and in absence of his knowledge his vehicle cannot be confiscated ..... in the present case, undoubtedly by carrying illicit timber without authority of law a forest offence has been committed and that satisfaction of the authorised officer is very much traceable from the show cause .....

Amstar Lyngdoh Vs. State of Meghalaya and anr.

Court : Guwahati

..... areas as 'reserved forests' under section 20 of the indian forest act, 1927. mr. ..... of the pendency of the instant pel petition has stalled the on-going process of undertaking project for construction of married accommodation project for the families of kargil victims is not warranted and therefore, prays for issuing a direction to the divisional forest officer (dfo) and the state respondent to issue necessary no objection certificate to the army authorities to enable them to cut down trees standing on their own land for ..... counsel for the petitioner, while arguing the case, has referred to article 51(a)(g) of the constitution of india which reads as follows:to protect and improve the natural environment including the forests, lakes, rivers and wild life and to have compassion for living creature.referring to the above provisions of the constitution, the learned counsel submitted that a new chapter has been inserted ..... held that all powers, rights, authority or jurisdiction in respect of the tribal areas had vested in the new dominion of india in view of the indian independence act, 1947. ..... this recommendation is in conformity with those of the high powered committee constituted by the prime minister in 1986.it may be mentioned that the state government had earlier made available an area of 1400 acres of land at rangmen to the army authorities ..... man has invested him with immense power over nature, it has also resulted in the unthinking use of the power, encroaching endlessly on nature. .....

Mustt. Sabira Khatun Vs. Mustt. Syeda Fatema Khatoon

Court : Guwahati

..... the defendant mainly on the basis of the evidence of pw 2, bhabani sarma, the then sub-registrar, nagaon, who had gone to the house of the defendant on commission for registration of the sale deed, but under section 32 of the indian registration act, 1908, only after the document is executed, it is presented for registration and hence the sub-registrar had no function to perform until the document was executed. ..... khetri's submission that the evidence of pw 2, the then sub-registrar, nagoan does not relate to his statutory duties under section 32 of the indian registration act, 1932, in the discharge of his functions as a public officer and should have been ignored by the trial and first appellate courts, 1 am of the opinion that such evidence of pw 2 cannot be considered as inadmissible evidence under ..... expression 'substantial error or defect in the procedure' used in clause (c) of section 100 of the civil procedure code, as it stood prior to the amendment act, 1976, which was one of the grounds on which a second appeal could be entertained by the high court but section 100 of the civil procedure code, has been substituted by the amendment act, 1976, and the substituted section 100 of the civil procedure code, limits the jurisdiction of the high court ..... defendant on 15-3-1980for execution and registration of the sale deed, but the defendant wanted 9 months time to vacate the land and refused to execute the sale deed and the sub-registrar returned without registering the document. .....

Monoranian Das Vs. the State

Court : Guwahati

..... up under clause (a) of section 26(1) of the indian forest act, 1927, on the charge that on 5-1-1968 he happened to clear 3 kanis of land from within the reserved forest called chandrapur without any permit and thereby occasioned ..... unless an area is declared a notified reserved forest, the only penal provision that exists in the indian forest act is the one contained in the first part of section 26, and the high court described that first part as constituted by clauses (a) and (b) of sub-section (1). ..... lops, taps or burns any tree or strips off the bark or leaves from, or otherwise damages, the same;(g) quarries stone, burns lime or charcoal, or collects, subjects to any manufacturing process, or removes, any forest-produce;(h) clears or breaks up any land for cultivation or any other purpose;(i) in contravention of any rules made in this behalf by the state government hunts, shoots, fishes, poisons water or sets traps or snares ..... or(j) in any area in which the elephant's preservation act, 1879, is not in force, kills or catches elephants in contravention of any rules so made, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend ..... section 3 gives power to the state government to constitute any forest-land or waste-land of the nature mentioned therein a reserved forest .....