Court : Orissa
Reported in : AIR1952Ori28
..... zamindary ii whereas the state government of orissa has undertaken the management of the forests of zamindaris in the gangpur state in the district of sundargarh in pursuance of clause (a) of sub-section (1) of section 80 of the indian forest act, 1927 (xvi of 1927); now, therefore, in exercise of the powers conferred by sub-section (2) of the said section of the saidact, the governor of orissa is pleased to declarethat provisions of chapters ii and iv of the saidact shall apply to the said forests, waste-landsand produce thereof with effect from the 15thapril, 1950. ..... : in exercise of the powers conferred by clause (a) of sub-section (1) of section 80 of the indian forest act, 1927 (xvi of 1927), the go-verner of orissa is pleased to direct that the forests of the zamindaris of gangpur state in the district of sundargarh mentioned in the schedule annexed hereto shall be managed by the government of orissa in the forest department with effect from the 15th april, 1950 as the government is interested jointly with the respective zamindars in the forest and waste-land and the ..... clearing of village forests for the extension of cultivation should be permitted without the darbar's sanction and no considerable clearing should be permitted for any reason until the darbar has received a report from a responsible state forest officer. ..... is, however, of paramount importance that no contract of lease for large timber or bamboos should be granted without the previous sanction of the darbar. .....
Tag this Judgment!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tripura forest act.the said act continued on force alter the integration of tripura in october, 1949 and until it was repealed by section 4 of the part c states laws act, 1950 and in its place the indian forest act xvi of 1927 was extended to tripura with effect from 15-44950 by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. .....
Tag this Judgment!Court : Jharkhand
..... case of the prosecution as it appears from the prosecution report that the petitioners had fell down 784 trees of a protected forest without having any permission for that and thereby the accused persons did commit offence under section 33 of the indian forest act as well as under section 2 of the forest conservation act, 1980. ..... trees in the protected forest under section 30 of the indian forest act but as per the statement made in the rejoinder to the supplementary affidavit, the state government has come forward to take a plea that notification has been issued under section 29 of the indian forest act whereas no averment is there with respect to issuance of any notification under section 30 of the indian forest act and therefore, it would be presumed that the state government has never issued any notification under section 30 of the indian forest act declaring any trees or ..... class of trees in a protected forest to be reserved and if that is so, one cannot be prosecuted under section 33 of the indian forest act. ..... power to issue notification .....
Tag this Judgment!Court : Jharkhand
..... case of the prosecution as it appears from the prosecution report that the petitioners had fell down 784 trees of a protected forest without having any permission for that and thereby the accused persons did commit offence under section 33 of the indian forest act as well as under section 2 of the forest conservation act, 1980. ..... trees in the protected forest under section 30 of the indian forest act but as per the statement made in the rejoinder to the supplementary affidavit, the state government has come forward to take a plea that notification has been issued under section 29 of the indian forest act whereas no averment is there with respect to issuance of any notification under section 30 of the indian forest act and therefore, it would be presumed that the state government has never issued any notification under section 30 of the indian forest act declaring any trees or ..... class of trees in a protected forest to be reserved and if that is so, one cannot be prosecuted under section 33 of the indian forest act. ..... power to issue notification .....
Tag this Judgment!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. .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Jharkhand
..... as per section 75 of the indian forest act, an employee of forest department cannot do any trade or business in timber or other forest produce as principal or as agent without written permission of the ..... 3 as well as the additional district judge, have wrongly dismissed her case without appreciating the provisions of section 75 of the indian forest act. ..... forest officer has been defined under section 2 (2) of the indian forest act, which reads as under:2(2)'forest officer' means any person whom the state government or any officer empowered by the state government in this behalf, may appoint to carry out all or any of the purposes of this act or to do anything required by this act or any rule made there under to be done by a forest ..... section 75 of the indian forest act only prohibits a forest officer or a forest employee from doing any business in respect of timber or forest produce, whereas the petitioner is neither a forest officer nor she is employed in the forest ..... according to the learned counsel, section 75 of the indian forest act does not restrict any of the relative of a forest officer/employee from doing the lawful business of running saw mills. ..... to show cause as to why her saw mill license be not cancelled in view of the provisions of section 75 of the indian forest act on the ground that her husband is a permanent employee of the forest department and, therefore, she being his relative cannot be allowed to do trade or business in timber or any other forest produce.3. .....
Tag this Judgment!Court : Himachal Pradesh
..... the divisional forest officers incharge of territorial forest divisions and wildlife divisions in himachal pradesh have been notified as rs.authorized officers under sub-section(1) of section 52a of indian forest act, 1927 (himachal amendment) (for short, act). ..... in certain cases:- (1) notwithstanding anything contained in this chapter, where a forest-offence is believed to have been committed in respect of timber (excluding fuelwood), resin, khair wood and katha, which is the property of the state government, the officer seizing the property under sub-section (1) of section 52 without any unreasonable delay produce it, together with all tools, ropes chains, boats or vehicles used in committing such offence before an officer, authorized by the state government in this behalf, by notification ..... published in the official gazette, not below the rank of an assistant conservator of forests (hereinafter referred to as the authorized officer). .....
Tag this Judgment!Court : Patna
..... it was further submitted that the lands in question were neither forest lands nor waste lands and thus the notification dated 29th december, 1952 could not have been issued by the state in exercise of its power conferred upon it under section 29 of the indian forest act.4. ..... counsel appearing on behalf of the petitioner has contended that as the notification as contained in annexure 1 to the writ application does not fulfill the requirements of section 29 of the indian forest act, the same must be held to be wholly illegal and the criminal cases pending against the petitioners on the basis thereof are liable to be quashed.8. mr. ..... hereinbefore, it is evident that the impugned notification was issued by the state of bihar in exercise of its power conferred upon it under section 29 of the indian forest act. ..... the petitioners in these writ applications questioned a notification dated 29th december, 1952 issued under section 29 th of the indian forest act which is contained in annexure 1 to all the writ applications inter alia on the ground that the lands in question had been recorded as gair-mazura am land and were in the nature of ..... a person cannot be permitted to challenge the termination of his service after a period of twenty-two years, without any cogent explanation for the inordinate delay, merely because others similarly dismissed had been reinstated as a result of ..... to be held without protest pursuant to the ..... writ application is dismissed, but without any order as to costs.r.n .....
Tag this Judgment!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. .....
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