Judgment Search Results Home > Cases Phrase: indian forest act 1927 section 64 power to arrest without warrant Court: us supreme court Page 1 of about 322 results (0.205 seconds)

Salehbhai Mulla Mohmadali (Dead) by Lrs. Vs. State of Gujarat and ors.

Court : Supreme Court of India

Reported in : AIR1993SC335b; JT1991(4)SC265; 1991(2)SCALE931; (1991)1SCC742; [1991]Supp1SCR564

..... the interest which chhota udepur state had in those trees devolved upon the state of gujarat and, therefore, under section 4 of the indian forest act, 1927 it was within the power and authority of the state of gujarat to issue the impugned notification.3. ..... therefore, the state of gujarat can exercise those rights and issue under section 4 of the indian forest act, 1927 the impugned notification.2. ..... the government issued a notification dated 15th february, 1955 under section 4 of the indian forest act, 1927 and constituted certain survey numbers of the village nalej into a reserve forest. ..... it is an admitted position that the notification under section 4 of the indian forest act was published on 12.5.55 and in case survey no. ..... 102 of village nalej was already continuing as reserved forest under the forest rules of chhota udepur state, then there was no necessity at all of issuing a fresh notification under section 4 of the indian forest act. ..... it has thus been submitted that so far as the impugned contracts are concerned the same are not adversely affected either by the forest rules of chhota udepur state or by the notification issued under section 4 of the indian forest act. ..... in case the plaintiff's wanted to show that the trees in question were not inside the reserved forest area they should have taken such stand in a clear manner and it would have been very easy for them to succeed in the suit without going through all the various legal submissions made by the parties. .....

Hanuman Laxman Aroskar Vs. Union of India

Court : Supreme Court of India

..... of the indian forest act 1927 according to which it is only upon the issuance of a notification under section 20 that a reserved forest is declared; (iii) as a matter of fact, within the area of 15 kilometres from the project boundary in the state of maharashtra, no reserved forest stands declared under section 20(2) of the indian forest act 1927; (iv) the decision in godavarman (supra) which adopts the ordinary meaning of the expression forest is site specific: the moefcc follows it scrupulously even if there is a notification under section 4 while considering the diversion of forest land for non-forest uses. ..... the expression forests , means a forest as commonly understood, without reference to a notification under the indian forest act 1927 or any other statutory enactment. ..... that the report of the hlwg on western ghats, submitted on 15 april 2013, stipulates certain development restrictions in eszs which are as follows: (i) a complete ban on mining, quarrying and sand mining; (ii) a complete ban on thermal power projects while hydro power projects may be permitted subjected to conditions; (iii) a strict prohibition on red category industries; (iv) a prohibition on building and construction projects of 20,000 square metres; (v) all other infrastructure and development projects/schemes would be subject to the ..... 76 the submission that the eia report deals with the prevalence of forested areas and warrants the grant of an ec cannot be accepted for yet another reason. .....

Rajiv SarIn and anr Vs. State of Uttarakhand and ors.

Court : Supreme Court of India

..... further, there is no direct conflict or collision, as the indian forest act, 1927 only gives an enabling power to the government to acquire forests in accordance with the provisions of the land acquisition act 1894, whereas kuzalr act results in vesting of forests from the dates specified in section 4a of the kuzalr act. ..... under article 254 of the constitution arises when the provisions of both laws are completely inconsistent with each other or when the provisions of both laws are absolutely irreconcilable with each other and it is impossible without disturbing the other provision, or conflicting interpretations resulted into, when both the statutes covering the same field are applied to a given set of facts. ..... we are also not considering the question that -- whether assent given without considering the extent and the nature of the repugnancy should be taken as no assent at ..... the inconsistency between the provisions of the two acts is of such nature as to bring the two acts into direct collision with each other and a situation is reached where it is impossible to obey the one without disobeying the other. ..... , it is to be clearly understood that the stand taken by the state that the right, title or interests of a hissedar could be acquired without payment of any compensation, as in the present case, is contrary to the express provisions of kuzalr act itself. ..... ; and whether the assent given without considering the extent and the nature of the repugnancy should be taken as no assent at .....

Union of India (Uoi) Vs. Abdul Jalil and ors.

Court : Supreme Court of India

Reported in : AIR1965SC147; 1965CriLJ128; [1964]8SCR158

..... as stand earlier, it is common ground that the tripura forest act 'corresponded' to the indian forest act, 1927 and that the former therefore stood repealed on the extension to tripura of the latter enactment. ..... in the first place, when the indian forest act, 1927 was extended to the state of tripura in 1950 it would have been open to government to have taken steps to constitute 'reserved forests' within the state by following the procedure prescribed by ch. ..... any lime or charcoal, or collects, subjects to any manufacturing process, or removes any forest-produce; (c) contrary to any prohibition under section 30, breaks up or clears for cultivation or any other purpose any land in any protected forest; (d) sets fire to such forest, kindles a fire without taking all reasonable precautions to prevent its spreading to any tree reserved under section 30, whether standing, fallen or felled, or to any closed portion of such forest; (e) leaves burning any fire kindled by him is the vicinity of any such ..... by para 5 of the tripura administration order, 1949 issued on october 15, 1949 under the powers conferred in that behalf by the extra provincial jurisdiction act, 1947 all the laws in force in the state of tripura immediately before the commencement of the said order were continued in force until they were repealed or amended by a competent legislature or authority. .....

State of West Bengal Vs. Gopal Sarkar

Court : Supreme Court of India

Reported in : AIR2002SC221; 2002(1)ALT(Cri)185; 2002(1)AWC92(SC); JT2001(9)SC570; 2001(8)SCALE242; (2002)1SCC495

..... the order was passed in exercise of the power vested in the authority under section 59a(3) of the indian forest act, 1927 (west bengal amendment 1988) (hereinafter referred to as 'the act'). ..... the ratio of that decision seems to be that saw-mill or its machinery cannot be confiscated independently without reference to the forest produce belonging to the state government and without recording a finding that the forest offence has been committed in respect of such property of the state produced before the authorised officer. ..... which is the property of the state government and the registered owner of band saw which has been used as cutting tools and used in commission of said forest offence, has failed to prove to my satisfaction that the same was not used without the knowledge or connivance of himself, or his agent or person in charge of the band saw and that he failed to prove that each of them had taken all reasonable and necessary precautions against such ..... in a raid made by the deputy ranger of moraghat forest range on 29.7.1998 the premises of the saw mill of the respondent 11 pieces of gammer, toon, sisso, logs measuring 1.054 meters alongwith band saw and other implements were seized on the allegation that the forest produce (logs of timber) were illegally felled and removed out of the forest area without valid permission and transit permit and the band saw and other implements were used in commission .....

Jethmull Bhojraj Vs. State of Bihar and ors.

Court : Supreme Court of India

Reported in : AIR1972SC1363; 1974(0)BLJR134; (1972)1SCC714; [1972]3SCR193; 1972(4)LC644(SC)

..... to the question whether the government took possession of the lands in question in 1954, it was conceded that the government was not competent to take possession of those lands either under the notifications issued under sections 14 and 21 of the bihar private forest act 1947 or under the notifications issued under section 29 of the indian forest act. ..... allegation of the appellant is that after the lands in question were notified under section 29 of the indian forest act, the forest department unlawfully took possession of those lands and continued to be in possession of the same and therefore when notifications under section 6 were issued, the government became the owner of those lands and thereafter, it was not competent for the government to withdraw from acquisition any of the lands notified under section 6. ..... they were again notified under section 29 of the indian forest act in 1953 and 1954. ..... realise from the appellant any interest on the loans advanced for the development of the lands notified for acquisition in the two land acquisition cases from the dates they were notified under section 29 of the indian forest act. ..... is possible that this officer had an erroneous impression as to the effect of a notification under section 29 of the indian forest act. ..... he explained that he made the statements in question under an erroneous impression that the government came into possession of the lands in question in view of the notification issued under section 29 of the indian forest act. .....

Thakoreshri Maharasinghji Dolatsinghji and ors. Vs. State of Gujarat a ...

Court : Supreme Court of India

Reported in : AIR1980SC59; (1979)4SCC291; [1980]1SCR290; 1979(11)LC769(SC)

..... under section 9 'the rights to trees specially reserved under the indian forest act, 1927, or any other law for the time being in ..... was a reserved forest nor a protected forest within the meaning of the indian forest act, 1927. mr. m.n. ..... case of mavinkurve (supra) it appears the state government had issued a notification under section 34a (state amendment) of the indian forest act declaring all uncultivated lands in the 39 villages in question in that case to be forests for the purposes of chapter v of the forest act. ..... 's case from the facts stated in the beginning of the judgment of this court it would appear that the dispute related to cutting of teak and pancharao trees standing in the forest lands, that is to say, special kind of trees in respect of which a notification under section 34a of the indian forest act had been issued. ..... case was distinguished on the ground that in that case 'the state of bombay which had at the relevant time jurisdiction issued a notification under section 34-a of the indian forest act, declaring all uncultivated lands in the villages of the jagir to be forests for the purposes of chapter v of that act. ..... he then was, delivering the judgment on behalf of the court pointed out that the high court rightly held that the respondent was entitled to receive compensation in respect of the trees because the restriction on the power of alienation put upon the absolute grantee 'did not limit the title of the respondent in the lands and in things attached thereto. .....

Animal and Environment Legal Defence Fund Vs. Union of India and Other ...

Court : Supreme Court of India

Reported in : AIR1997SC1071; JT1997(3)SC298; 1997(2)SCALE493; (1997)3SCC549; [1997]2SCR728

..... under section 5 of the indian forest act of 1927, once a notification is issued declaring any land as a reserved forest no right shall be acquired in or over such land, except by succession or under a grant or contract in writing made or entered into by or on behalf of the ..... section 26(1)(i) of the indian forest act, 1927, any person who in contravention of any rules made in this behalf by the state government hunts, shoots, fishes, poisons water or sets traps or snares, shall be punishable in the manner provided in that section ..... forest under the indian forest act of 1927 ..... the provisions of the indian forests act in support of the contention that the tribals cannot have any rights in a reserved forest which has subsequently become a national park, the collector of chhindwara, in his report has pointed out that in fact there were four villages of tribals in the chhindwara district falling within the reserved forest-cum-national park area ..... forest under the indian forest act ..... and village or in the neighbourhood of the area concerned, a proclamation specifying the situation and the limits of the national park and requiring any person, claiming any right mentioned in section 19, to prefer before the collector, within two months a written claim in the prescribed form specifying the nature and extent of such right with necessary details and the amount and ..... section 33(e) of the wild life (protection) act as it stood prior to its amendment in 1991, the chief wildlife warden had the power .....

A.K. Kraipak and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1970SC150; (1969)2SCC262; [1970]1SCR457

..... it was contended before us that section 3 of the all india services act, rule 4 of the rules framed thereunder and regulation 5 of the indian forest service (initial recruitment) regulations 1966 are void as those provisions confer unguided, uncontrolled and uncanalised power on the concerned delegates. ..... in pursuance of the power given under section 3, rules for the recruitment to the indian forest service were made in 1966-indian forest service (recruitment) rules, 1966. ..... they are also challenging the vires of section 3 of the all india services act, rule 4 of the rules framed under that act and regulation 5 of the indian forest service (initial recruitment) regulations 1966, framed under the aforementioned rule 4.2. ..... all of them feel aggrieved by the selections made from among the officers serving in the forest department of the state of jammu and kashmir to the indian forest service, a service constituted in 1966 under section 3(1) of the all india services act, 1951 and the rules framed thereunder. ..... in the past it was thought that it included just two rules namely (1) no one shall be a judge in his own case (nemo debet esse judex propria causa) and (2) no decision shall be given against a party without affording him a reasonable hearing (audi alterant partem). ..... very soon thereafter a third rule was envisaged and that is that quasi-judicial enquiries must be held in good faith, without bias and not arbitrarily or unreasonably. .....

The State of Bihar and anr. Vs. Kedar Sao and anr.

Court : Supreme Court of India

Reported in : AIR2003SC3650; 2003(2)ALD(Cri)670; 2003CriLJ4903; JT2003(7)SC276; 2003(6)SCALE639; (2004)9SCC344

..... the high court while accepting the stand of the private party held that the provisions of bihar forest produce (regulation of trade) act, 1984 (hereinafter referred to as 'trade act'), alone applied to the case by virtue of section 32 of the said act and the provisions of the indian forest act, 1927 stood excluded and consequently the authorities under the central enactment had no powers to confiscate the vehicle and the order passed was wholly without jurisdiction. ..... the decision of the high court, taking a contra view, would, according to the state, defeat the very object of the indian forest act, as amended by bihar act 9 of 1690, to conserve and protect the forest wealth and arrest and curb large scale of if legal falling and exploitation of forest wealth, said to be rampant of late, in the stats.8. ..... there is nothing as a matter of any general principle for denying the very same legislature - the legislature of the bihar state, the power to enact different provisions in either separate acts or in one and the same act conferring distinct and separate powers upon more than one authority to deal with a particular situation arising, as it may deem fit, or as the exigencies of the situation may warrant. .....