Court : Kolkata
Reported in : 2006(2)CHN577
..... the concerned authorities also were not legally empowered to issue quarry permits in accordance with the provisions of section 4c of the west bengal land reforms (amendment) act, 1981 and in observation or observations of the rules of the west bengal minor minerals rules, 1973, as mentioned in the said impugned notification. ..... it appears from the writ petition that by way of an amendment by the west bengal land reforms (amendment) act 1981, section 4c thereof was incorporated whereby the brickfield owners were to produce conversion certificate for grant of quarry permits for those brickfields and unless those conversion certificates were produced various legal steps were ..... the assessees in that appeal claimed that the issue there was directly and squarely governed by an earlier decision of the supreme court rendered by a seven-judge bench in the case of indian cement reported in 1990(1) scc 12 striking down a similar levy under tamil nadu act holding the same to be boyond the legislative competence of the state legislature, the hon'ble supreme court, however, after having considered the long line of authorities and the ..... 5955--ci/ mines dated 27.07.85 amending rule 4 of the west bengal minor minerals rules, 1973 extraction of minor minerals has been prohibited in any land classified in revenue records as agricultural land, orchard or forest. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Cuttack
Reported in : (2003)(2)SLJ40CAT
..... the second contention of the learned counsel for the petitioner is that even though the recruitment rules have been amended the vacancies in the post of director, ccbf, had arisen much prior to the amendment of the recruitment rules which have come into force with effect from 26.7.1993 and therefore the pre-existing vacancies have to be filled up according to the recruitment rules for the post of director ..... ram, air (x) the state of west bengal and another v.nripendra nath bagchi, air ..... be noted that by letter dated 12.3.1992 (annexure-a/5) the recruitment process had already been initiated and therefore the amended rules cannot be brought into play to disqualify the applicant for being considered for the post of director, ccbf ..... this amendment to the recruitment rules which has come into force with effect from 26.7.1993 (annexure-r/1) has been made to bring it in conformity with the indian veterinary council act, 1984 ..... officers from rsfp & d, the recruitment rules for the post of director, rsfp & d could not be amended even after lapse of three years and this was also not agreed to by union public service commission. ..... in that case the hon'ble high court of rajasthan have held that the amended qualifications shall not be applicable to vacancies occurring prior to the date of enforcement of the amended rules and such vacancies shall be filled in accordance with the qualifications prescribed on the ..... ram gopal shukla, air 1981 sc 1041=1981(1) slj 663 (sc);all india station masters & .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008AIRSCW176; 2008(3)LH(SC)2027; AIR2008SC1591; 2008(3)ALLMR(SC)437; 2008(56)BLJR1195; (SCSuppl)2008(2)CHN130; [2008(3)JCR6(SC)]; (2008)3MLJ986(SC); 2008(3)SCALE199; 2008(1)LC393(SC);
..... range officer forwarded the case to the divisional forest officer, wildlife, division-ii, jalpaiguri who is the authorised officer, under section 59a of the act as amended by section 17 of the indian forest (west bengal amendment) act, 1988 (in short the 'amendment act'). ..... a notice in terms of section 8(1) of west bengal forest produce transit rules, 1959 (in short the transit rules') was issued to the driver as well as the owner of the ..... amount shall be deposited with the concerned forest department of the state of west bengal. ..... the impugned order, learned single judge directed release of vehicle which was seized and confiscated for an alleged violation of the provisions of indian forest act, 1927 (in short the 'act').3. ..... the high court inter-alia observed as follows and directed release of the confiscated vehicle:it is settled law that unless the driver of the vehicle acted as an agent of the owner of the said vehicle and indulged in carrying forest produce in illegally and that too with the knowledge and connivance of the owner neither the vehicle could be confiscated nor the owner could be prosecuted for such alleged offence ..... required under section 59b of the act, notice was issued and served on the owner of the vehicle to show cause as to why the vehicle in question shall not be confiscated to the state of west bengal as provided under section 59(a) of the act. ..... this juncture, it will be relevant to quote sections 59(a) and 59(b) of the act as inserted by the amendment act. .....
Tag this Judgment!Court : Kolkata
Reported in : (1999)2CALLT361(HC)
..... in this view of the matter, we set aside the order dated 3.1.97 passed in a proceeding under section 59a(3) of the indian forest (west bengal amendment) act, 1988 and direct the appropriate authority namely the forest officer, jalpalgurl district and divisional forest officer, jalpaiguri division, to supply copies of such documents upon which the departmentintend to rely upon and in the event such documents are voluminous ones permit inspection ..... from your premises within the period specified here-in-above the undersigned shall be lawfully bound to initiate legal proceeding against your under under rules 11(1) of the west bengal forest produce transit rules, 1959 made in conformity with provisions of 41,42 and 76 of the indian forest act, 1987. 1. ..... was received by the appellant on 13.9.96 purported to be in terms of rules 41 and 42 of the west bengal forest produce rules, 1959. ..... documents, papers and materials and after giving an opportunity of hearing to the writ petitioner and such other person/persons as may be considered necessary by him, the said forest beat officer will take a decision in the matter and record the decision inwriting supported by reasons within one week from the date of hearing and shall communicate the same to the petitioner ..... hammer mark' and 'sale hammer mark', in assam and brought the same in west bengal. ..... august, 1996 whereby the appellant was asked to show cause why the seized timber may not be confiscated under section 59a(3) of the indian frest act. .....
Tag this Judgment!Court : Kolkata
Reported in : (1993)2CALLT252(HC),97CWN875
..... in the context of the several amendments made in the indian forest act by west bengal amendment act we will however have to gather at the first instance the legislative intent by referring to the different provisions of the act as amended in west bengal before we supply and read some words in sub-section (3) of section 59-a, by mechanically following the aforesaid decision of the orissa high court.9. ..... indeed the power of confiscation of a vehicle as given to the authorised officer in sub-section (3) of section 59-a of the indian forest act, 1927 as inserted by the west bengal amendment act of 1988 is more or less similar to the power given to the authorised officer under section 56(2-a) of the orissa forest act as can be gathered from the said decision of the orissa high court. ..... sub-section (3) of section 59-a, which section has been inserted by the west bengal amendment act in the indian forest act runs thus :'(3) where any timber or other forest-produce which is the property of the state government is produced before an authorised officer under sub-section (1) and the authorised officer is satisfied that a forest-oftence has been committed in respect of such property, he may, whether or not a prosecution is instituted for the commission of such offence, order confiscation of the property together with all tools .....
Tag this Judgment!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
..... dated 24.5.1989 hereby order the confiscation of the said seized timber along with cutting tools (implements) to the state of west bengal under section 59a(3) of the indian forest act, 1927 (west bengal amendment, 1988).' 6. ..... committing a forest offence & also to conceal, the timber by way of changing the identity of timber in question which is liable to be confiscated to the state as per provision of section 59a(3) of the indian forest act, 1927 (west bengal amendment, 1988). ..... 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'). ..... setting aside the order passed by the authorised officer under the indian forest act (as amended in the state of west bengal), confiscating certain tools and implements, is under challenge in this appeal filed by the state of west bengal. 4. ..... which it was held that the confiscation proceeding of the machineries and/or saw mill cannot be held to be valid in terms of section 59a(3) of the forest act as amended by the state of west bengal on the grounds that saw mill cannot be treated to be a property of the state government. ..... state of west bengal, wp 1591(w) ..... officer under sub-section (2a) of section 44 of the act on his being satisfied that a forest offence had been committed in respect thereof, is not dependent upon whether a criminal prosecution for commission of a forest offence has been launched against the offender or not. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1999Cal104
..... as regard the order of confiscation, it is relevant to reproduce the provisions of sections 59a and 59b of the indian forest (west bengal amendment) act, 1988-'59a.-- 1. ..... , 1927 and under section 7 of west bengal forest produce transit rules, 1959 and title thereto within 30 (thirty) days from the date of issue of these notice to the office of the undersigned failing which necessary legal action will be taken against without further ..... the seizure appears to have been made in terms of the west bengal forest produce transit rules, 1959. ..... the provisions of rule 8(1) of the west bengal forest produce transit rules have also not been complied with insofar as no notice was issued to the owner nor a copy of the seizure list was furnished to him.3. ..... it must be noticed that the aforesaid notice does not conform to the requirements of the provisions of section 59a of the indian forest act. ..... 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 the timber or other forest produce which is the property of the state government, the forest officer or the police officer seizing the timber or other forest produce under subsection (1) of section 52 shall, without any unreasonable delay, produce the same together with all tools, ropes, chains, ..... in our view the said order cannot be characterised as one passed under the act confiscating the forest produce.8. .....
Tag this Judgment!Court : Kolkata
Reported in : (1993)1CALLT289(HC),96CWN1243
..... wga 4324 on the allegation that the same was used in commission of a forest offence and as such became liable to confiscation in terms of section 59b of the west bengal amendment of the indian forest act, 1927.3. mr. ..... accordingly, we feel that it would be useful to quote section 59b, sub-section (2) of the indian forest act as applicable to west bengal which we quote as hereinbelow :'59b. ..... banerjee on behalf of the respondents by making a reference to section 52(3) of the indian forest act as applicable to west bengal. ..... , vehicle or cattle shall be made under section 59a if the owner thereof proves to the satisfaction of the authorised officer that such tool, rope, chain, boat, vehicle, or cattle was used in carrying the timber or other forest produce without the knowledge or connivance of the owner himself or his agent, if any or the person in charge thereof and that each of them had taken all reasonable and necessary precautions against such use. ..... state that the driver of the vehicle was in fact the agent of the owner or the person in charge of the vehicle............in our view, if an unauthorised act has been committed by the driver in course of his employment contrary to the terms of his employment while returning with the vehicle, such illegal act of the driver cannot saddle the owner with any liability, unless it is proved that the driver was the agent of the owner or he was .....
Tag this Judgment!Court : Mumbai
..... of the west bengal (amendment) act of 1922, ..... instrument in question, ought to have been stamped under the indian stamp act, 1899 by virtue of clause (aa) of the proviso to section 3 (as amended) in relation to the state of west bengal. ..... state of west bengal by virtue of the bengal stamp (amendment) act, 1922. ..... mentioned in schedule ia as chargeable with duty under that schedule, which, not having been previously executed by any person, is executed out of [west bengal] on or after the first day of april, 1922, and relates to any property situated, or to any matter or thing done or to be done, in [west bengal ] and is received in [west bengal]:" 6 the submission that has been urged on behalf of the petitioner is that under entry 6 of schedule ia, stamp duty is liable to be ..... subject to the exemptions contained in that schedule, be the duty chargeable under this act on the following instruments, mentioned in clauses (aa) and (bb) of this proviso, as the proper duty therefor respectively,- (aa) every instrument, mentioned in schedule ia as chargeable with duty under that schedule, which, not having been previously executed by any person, is executed in [west bengal] on or after the first day of april, 1922; and (bb) every instrument ..... the procedure prescribed under section 33 of the bombay stamp act, 1958 and the only correct order for the tribunal to pass would have been to impound the instrument and to remit it to the adjudicating authority in the state of west bengal. .....
Tag this Judgment!Court : Kolkata
Reported in : (1999)1CALLT425(HC)
..... reported in clt 1993(1) hc, 289 held, inter alia, that not only the petitioner as the owner of the vehicle was required to prove under section 59 b(2) of the west bengal amendment of the indian forest act, to the satisfaction of the authorised officer that she had no knowledge or connivance about the user of the offending articles or vehicle, she must also prove before the authorised officer that her agent or the person-in- ..... section 52(3) of the west bengal amendment of the indian forest act which authorises any authorised officer or police officer to require the driver or other person-in-charge of a vehicle to stop the same when he has reason to believe that such a vehicle is being used for transportation of any forest produce in respect of which a forest offence has been committed, clearly indicates that the driver of the vehicle is also the person-ln-charge of the same.17. ..... in the said judgment after quoting 59b(2) of the said act their lordship in paragraph 6 of the judgment held thus :--'the requirements of section 59b(2) of the west bengal amendment of the indian forest act are two-fold. .....
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