Judgment Search Results Home > Cases Phrase: indian forest west bengal amendment act 1981 Court: supreme court of india Page 1 of about 4,201 results (0.280 seconds)

State of West Bengal and anr. Vs. Mahua Sarkar

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. .....

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

..... 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. .....

Registrar Of Assurances Vs. Asl Vyapar Private Ltd.

Court : Supreme Court of India

..... under the indian stamp act (tamil nadu amendment) act, 1967, the matter would be referred to the collector for the determination of market value, whereas under the indian stamp act (west bengal amendment) act, 1990, the matter has to be referred to such authority as may be prescribed ..... section 47a was further amended by the indian stamp (west bengal amendment) act, 1998 with effect from 15.03.2021 ..... inserted by the indian stamp (west bengal amendment) act, 1990 (hereinafter referred to as the act ) reads as ..... statement of objects and reasons for enactment of the indian stamp act (west bengal amendment) 1990 contained the explanation for insertion of section 47a ..... objective of the introduction of the section whether under the west bengal amendment act or in any other state, i.e. ..... between section 2(16b) of the act as amended in west bengal and the explanation appended to section 47a of the act applicable in tamil nadu. ..... a legal principle should be settled in the context of section 47a in west bengal, after taking into consideration that similar amendments were made in the states of tamil nadu and andhra pradesh though they ..... the three judges bench held on the conspectus of the aforesaid arguments that section 47a of the act as applicable to west bengal read with rule 3 of the west bengal stamp (prevention of undervaluation of instruments) rules, 2001 (hereinafter referred to as the rules ) is not applicable to an instrument executed by a receiver pursuant to an order of sale passed by a .....

Burmah Shell Oil Storage and Distributing Co. of India, Ltd. and anr. ...

Court : Supreme Court of India

Reported in : AIR1961SC315; [1961]1SCR902; [1960]11STC764(SC)

..... -section was re-enacted, adding one more clause to the following effect : 'the tax on all retail sales of motor spirit for the purpose of aviation, which are effected on or after the date of the commencement of the bengal motor spirit sales taxation (second amendment) act, 1954, shall be charged at the rate of three annas per gallon'. 12. ..... further stated in the affidavit of the commercial tax officer as follows : 'i further state that a foreign bound aircraft on leaving dum dum airport consumer a portion of the aviation spirit taken in it a the airport within the territory of west bengal before it moves out of the said territory of the territory of india i do not admit that the entire quantity used outside the territorial limits of india as alleged ........ ..... a notification issued under the indian aircraft act, the rules framed thereunder and the indian aircraft rules, 1920, appointed the civil aerodrome, dum dum, a customs aerodrome, and to that customs aerodrome, the provisions of the sea customs act mutatis mutandis were made applicable r. ..... the indian aircraft act, 1934, is an act for the control of the manufactured, possession, use, operation, sale, import and export of aircraft. ..... 63 (part ix) of the indian aircraft rules, 1920. ..... the case in the high court was restricted to consideration of supplies to aircraft which either proceed to foreign countries directly from dum dum airport, or do so ultimately, though landing in route at some place or places in the indian territory. .....

State of West Bengal and ors. Vs. Sujit Kumar Rana

Court : Supreme Court of India

Reported in : AIR2004SC1851; 2004(2)ALD(Cri)258; (2004)3CALLT55(SC); [2004(4)JCR137(SC)]; JT2004(5)SC157; 2004(1)SCALE641; (2004)4SCC129

..... of indian forest act, 1927 (hereinafter referred to as 'the act') as amended by the state of west bengal is in question in these appeals which arise out of a common judgment and order dated 27.6.1996 passed by the calcutta high court.background factshortly stated the fact of the matter is that the forest-produce belonging to the state and/or the vehicles carrying the same were seized by the forest officer. ..... . the provisions of the indian forest act and the amendments carried out in the provisions thereof by the state of west bengal, as noticed hereinbefore, point out to the said discretionary power conferred upon the concerned ..... . the amendments carried out by the state of west bengal by reason of sections 59-a to 59-g in the indian forests act provide ..... sujit kumar rana, show cause notices issued by the forest authority purported to be issued under the provision of section 59-b of the act, as amended by the state of west bengal or the seizure of the forest-produce of the vehicle carrying the same, came to be questioned by the respondents before the calcutta high court invoking its jurisdiction under section 482 of the code ..... the learned counsel would contend that in terms of the amendments made by the state of west bengal in the forest act whereby and whereunder sections 50-a to 59-g were inserted, a complete code was laid down not only as regard initiation of proceeding but also for confiscation and appeal against an order of confiscation as also ouster jurisdiction of .....

The State of Madhya Pradesh Vs. Uday Singh

Court : Supreme Court of India

..... 2004 in sujit kumar rana (supra) another two judge bench of this court dealt with the applicability of section 482 of the crpc for quashing of proceedings for confiscation of forest produce under the provisions of the indian forest act, 1927, as amended in relation to the state of west bengal. ..... 26 our analysis of the amendments brought by mp act 25 of 1983 to the indian forest act 1927 leads to the conclusion that specific provisions have been made for the seizure and confiscation of forest produce and of tools, boats, vehicles and articles used in ..... the scheme contained in the amendments enacted to the indian forest act 1927 in relation to the state of madhya pradesh, makes it abundantly clear that the direction which was issued by the high court in the present case, in a petition under section 482 of the crpc, to ..... 27 the madhya pradesh amendments to the indian forest act 1927 are infused with ..... , it has been submitted that the present case and other cases of its genre are governed by the provisions of the indian forest act 1927 as amended in relation to the state of madhya pradesh by mp act 25 of 1983. ..... submissions, learned counsel appearing on behalf of the appellant has relied on the decisions of this court in: (i) divisional 6 68 of 2011 7 miscellaneous criminal case no.5171 of 2011 8 (2008) 14 scc6245 forest officer v gv sudhakar rao9, (ii) state of karnataka v ka kunchindammed10, (iii) state of west bengal v sujit kumar rana11; and (iv) state of madhya pradesh v kallo bai12. .....

R.C. Poudyal and ors. Vs. Union of India and Others

Court : Supreme Court of India

Reported in : AIR1993SC1804; JT1993(2)SC1; 1993(1)SCALE489; 1994Supp(1)SCC324; [1993]1SCR891

..... representation of the people of sikkim in india's parliamentary system, the constitution (35th amendment) act, 1974 had come to be passed inserting article 2a which gave the state of sikkim the status of an 'associate state', but later sikkim became, as aforesaid, an integral part of the indian union as a full-fledged state in the union by virtue of the constitution (36th amendment) act, 1975, which however, provided for special provisions in article 371-f to accommodate ..... anything contained in section 5, a person shall not be qualified to be chosen to fill a seat in the legislative assembly of the state of sikkim, to be constituted at any time after the commencement of the representation of the people (amendment) act, 1980 unless -(a) in the case of a seat reserved for sikkimese of bhutia-lepcha origin, he is a person either of bhutia or lepcha origin and is an elector for any assembly constituency in the state other than the constituency reserved for ..... is, on the west by nepal, on the north by tibet, on the east by bhutan and on the southern and western sides by the state of west bengal in the indian union. ..... there was, for instance, an occasion when one californian state senator represented six million electors and another one fourteen thousand electors (potter 1981:114); in february 1974 constituencies in england varied from 96,380 to 25,007 electors (hansard society commission 1976:7); and in the united kingdom between 1945 and 1976 nine out ..... covered with dense forests, it lies .....

Ram Kishore Sen and ors. Vs. Union of India and ors. (Uoi)

Court : Supreme Court of India

Reported in : AIR1966SC644; [1966]1SCR430

..... the constitution (amendment of the first and fourth schedules) order 1950, however, made a change and brought the territory of the state of west bengal into line the territories of the other states covered by the clause which we have ..... the onus must primarily lie on the appellants to show that what is attempted to be done by the respondents in pursuance of the provisions of the amendment act is illegal or unconstitutional; and if they are not able to produce evidence in support of their plea, they cannot require the respondents to show that the plea made by the appellants ..... alleged that the assumption made by the appellants that a strict horizontal line had to be drawn from the north-cast corner of debigaiij thana under the provisions of the said amendment act, was not valid; and they urged that the said amendment act had provided for the partition of berubari union no. ..... of jalpaiguri thana of west bengal will remain connected at present with indian territory and will remain ..... reads thus :- 'administration of certain acceding states as a chief commissioner's province or as part of a governor's or chief commissioner's province :- (1) where full exclusive authority, jurisdiction and powers for and in relation to governance of any indian state or any group of such states are for the time being exercisable by the dominion government, the governor-general may be order direct - (a) that the state or the group of states shall be administered in all respects as if ..... the indian evidence act. .....

Union of India and Others Vs. Sukumar Sengupta and Others

Court : Supreme Court of India

Reported in : AIR1990SC1692; JT1990(2)SC297; 1990(1)SCALE924; 1990Supp(1)SCC545; [1990]3SCR24

..... the objects and reasons of the constitution (ninth amendment) act, 1960 stated that the indo-pakistan agreements dated september 10, 1958, october 23, 1959, and january 11, 1960, which settled certain boundary disputes relating to the borders of the state of assam, punjab and west bengal, and the union territory of tripura involved transfer of certain territories to pakistan after ..... was provided in the paid order, inter alia, that indian state of cooch behar would be administered in all respects as if it was a part of the province of west bengal, on and from the 1st january, 1950, thereby the erstwhile state of cooch behar was merged with west bengal and began to be governed as if it was a part of west bengal. ..... should be made in such a manner that the cooch-behar enclaves between pachagar thana of west bengal will remain connected as at present with indian territory and will remain with india. ..... which formed part of the territories of the former indian state of cooch behar and which had subsequently become part of the territories of india and then of west bengal became after the partition enclaves in pakistan. ..... the court, further, held that when by 1974 agreement read with 1982 agreement bangladesh government had been given the facility of using the indian area known as 'teen bigha' in the manner contemplated by those agreements to be discussed in detail later, the implementation of those two agreements would not involve cession of any territory to bangladesh in respect of teen .....

Tata Tea Ltd. and anr. Vs. State of West Bengal and ors.

Court : Supreme Court of India

Reported in : AIR1988SC1435; (1988)70CTR(SC)99; [1988]173ITR18(SC); JT1988(2)SC299; 1988(1)SCALE867; 1988(Supp)SCC316; [1988]3SCR961

..... the bengal agricultural income-tax (amendment) act, 1980 (referred to hereinafter as 'the bengal amendment act of 1980') was passed by the legislature of the state of west bengal and published in the gazette on 31st march, 1980. ..... said section ran as follows:(2) notwithstanding anything contained in this act, in the case of tea the plant camellia thea(lina) grown in west bengal and sold by the grower himself or his agent after manufacture, the agricultural income derived there from shall, as long as for the purposes of assessment of income-tax under the indian income-tax act, 1922, the income de rived there from in computed under that act in such manner as to include agricultural income, be deemed to be that ..... rule 8 of the income-tax rules, 1962 as well as rule 24 ofthe income-tax rules, 1922 pertain to and are bound up with the definition of the term 'agricultural income' for the purposes of laws or enactments pertaining to indian income-tax and hence the provisions of those rules have to be taken into account in considering the meaning of the term 'agricultural income' under sub-article (1) of article 366 ofthe constitution.40. .....