Judgment Search Results Home > Cases Phrase: indian forest west bengal amendment act 1981 Page 2 of about 25,607 results (0.211 seconds)

Md. YasIn Vs. Authorised Officer and ors.

Court : Kolkata

Reported in : (1994)1CALLT351(HC),98CWN696

..... , we hold that the court of appeal in section 59d of the indian forest act, as, amended in west bengal, has power of remand.8. ..... rival submissions it appears to us that we have been invited to adjudicate the scope and extent of powers conferred on the appellate forum by section 59d of the indian forest act as amended in west bengal. ..... provisions under chapter xxxiv of the code of criminal procedure shows that section 59a, introduced by the west bengal amendment, is. ..... 34 of 1992, under section 59d of the indian forest act, by the impugned order, the learned judge has been pleased to send the case back on remand to the authorised officer, jalpaiguri district, and divisional forest officer, jalpaiguri division, for rehearing of the case in the light of the observations made therein, with a further direction to pass a fresh ..... show-cause was issued, under section 49a(iii) of the indian forest act on 29.4.1992. ..... recording of the evidence of the owner and khalasi of the vehicle in question and forest official subsequently did not result in such irregularity or illegality as to cause serious prejudice ..... 59a lays down the procedure for confiscation by forest officer of forest produce, where forest offence is believed to have been committed, as also other things and materials used for ..... mere recording of statement or evidence of the owner or khalasi, prior to the recording of evidence of the forest officer cannot be said to have vitiating effect causing prejudice so as to warrant a remand. ..... forest act .....

Gopeswar Saha Vs. State of Tripura and ors.

Court : Guwahati

..... the order of learned 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 petition.2. ..... , the seizure was made contrary to the provision of section 52(1) of the indian forest act (central act), the confiscation proceeding under sub-section (2) of section 52a of tripura amendment is not obligatory but conditional and discretionary ; and the findings of the authorised officer confiscating the vehicle is perverse.5. ..... the aforesaid challenge requires no decision in view of section 5 of the indian forest (tripura amendment) act, 1984 which includes among others 'vehicle' also. ..... biswas, learned counsel for the petitioner submits that the discretionary power of confiscating a seized vehicle could be exercised only after launching a criminal prosecution for commission of any forest offence under sub-section (2) of section 52a of the indian forest (tripura second amendment) act, 1986. ..... to controvert, the learned advocate general relying upon a decision of the hon'ble apex court in the state of west bengal v. .....

Rakhiya Bai Vs. Conservator of Forest and ors.

Court : Madhya Pradesh

Reported in : 2009(2)MPHT535

..... court while considering the similar provisions contained in section 59 (b) inserted in the indian forest act by west bengal amendment act in the case of state of west bengal and anr. v. ..... the authorised officer also on the appreciation of the evidence found that the petitioner had come to know about the seizure of tractor trolley by the forest department within two days of the seizure but for 3-4 months she did not take any steps to claim possession of the tractor trolley before the competent ..... (6) no order of confiscation under sub-section (4) of any tools, vehicles, boats, ropes, chains or any other articles (other than specified forest produce seized) shall be made if any person referred to in clause (b) of sub-section (5) proves to the satisfaction of authorized officer that any such tools, vehicle, boats, ropes, chains or other articles were used without his knowledge ..... further submitted that there is variation in the initial statement of the driver given to the forest authorities and his statement recorded before the authorised officer in the confiscation proceedings.5. ..... the petitioner has also advanced arguments claiming the benefit of section 15 (6) of the 1969 act on the ground that the petitioner who is the owner of the tractor/trolley had no knowledge that the illegal transportation of teakwood was being done in the tractor ..... section 5 (1) of the 1969 act prohibits purchase or transportation of specified, forest produce by any person without the permission of the .....

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

Court : Kolkata

Reported in : AIR1965Cal282

..... 'the first schedule to the constitution was to stand amended from the appointed day, and the territories of the state of west bengal was to exclude the territories transferred to pakistan as above ..... the word 'state' is defined in section 3(58) of the general clauses act (act 10 of 1897) as follows:'state-- (a) as respects any period before the commencement of the constitution (seventh amendment) act 1956, shall mean a part a state, a part b state or a part c state, and(b) as respects any period after such commencement, shall mean a state as specified in the first schedule to the constitution and shall include a union territory' ..... 12of jalpaiguri thana of west bengal will remain connected as at present with indian territory and will remain with india ..... 12 or jalpalguri thana of west bengal will remain connected as at present with indian territory and will remain with india ..... as a result of the opinion delivered by the supreme court, parliament passed the constitution (ninth amendment) act 1960 which came into operation on 28th december 1960. ..... 3 sub-section (1) provided, inter alia, that as from the appointed day, the province of bengal as constituted under the government of india act, 1935 shall cease to exist and there shall be constituted in lieu thereof two new provinces known respectively as east bengal and west bengal. ..... on july 18, 1947 the british parliament passed the indian independence act 1947. ..... on july 18, 1947 the british parliament passed the indian independence act, 1947. .....

Mendarian Enterprises Pvt. Ltd. and ors. Vs. Inspector General of Regi ...

Court : Kolkata

Reported in : 2004(1)CHN363

..... i humbly submit further that the occasion for printing the said book was due to coming into force of the indian stamp (west bengal amendment) act, 1990, with effect from january 31, 1994, after receiving the assent of the president of india as per notification of the same.a photocopy of the said notification is annexed hereto and marked with letter 'b'.5. ..... subsequent thereto on 31st january, 1994 in exercise of the power conferred by sub-section (2) of section 1 of the indian stamp (west bengal amendment) act, 1990, the governor was pleased to appoint 31st january, 1994 as the date on which the said act shall come into force and published a notification in relation thereto in the calcutta gazette, extraordinary, on 31st january, 1994. ..... before the notification pursuant to sub-section (2) of section 1 of the said amendment act was published, on 17th august, 1992 the indian stamp (west bengal amendment) act, 1992 was published in the calcutta gazette, extraordinary part iii. ..... on 28th march, 1994 the indian stamp (west bengal amendment) act, 1994 was published in the calcutta gazette, extraordinary, part iii. ..... on 8th october, 1990 the indian stamp (west bengal amendment) act, 1990 was published in the calcutta gazette, extraordinary, part iii. ..... --(1) this act may be called the indian stamp (west bengal amendment) act, 1994. ..... --(1) this act may be called the indian stamp (west bengal amendment) act, 1992. ..... --(1) this act may be called the indian stamp (west bengal amendment) act, 1990. .....

Prabir Kumar Das Vs. Smt. Jayanti Das and anr.

Court : Kolkata

Reported in : (2007)1CALLT227(HC)

..... such contention of the applicant was disputed by and on behalf of the respondents, inter alia, contending that by the amendment of the said act of 1953 the provision of section 300 of the indian succession act was repealed in the state of west bengal whereby concurrent jurisdiction was conferred upon the high court along with the district judges only in respect of the city of calcutta and not beyond that.5. ..... this particular provision being section 300 was amended by west bengal amendment. ..... his lordship further held that the high court could entertain the application for probate in respect of the properties which were situated within the state of west bengal as contemplated under the letters patent but outside the jurisdiction of the city civil court because of such amendment. ..... roy in his interpretation that the high court can entertain the application for probate of the will bequeathing the property which is situated within the limits of the state or 'bengal division' as contemplated in the letters patent, but outside the jurisdiction of city civil court after the said amendment act.11. .....

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 .....

Vitthal S/O Pandurang Navle Vs. State of Maharashtra

Court : Mumbai

Reported in : 2003(4)MhLj831

..... indian forest act (maharashtra amendment) would indicate that the words 'pending confiscation' is an additional requirement under the essential commodities act ..... no such price is fixed by auction; provided that, in case of any essential commodity the retail sale price whereof has been fixed by the central government or a state government under this act or under any other law for the time being in force and which is being sold through fair price shops, the collector may, for its equitable distribution and availability at fair prices, order ..... commodity is found; and (c) any animal, vehicle, vessel or other conveyance used in carrying such essential commodity; provided that, without prejudice to any action that may be taken under any other provision of this act, no foodgrains or edible oil seeds seized in pursuance of an order made under section 3 in relation thereto from a producer shall, if the seized foodgrains or edible oil seeds, have been produced by him ..... vehicle and registration of the crime, that by itself cannot tantamount to commencement of confiscation proceedings in respect of the vehicle under section 6-a of the essential commodities act, 1955, in my view, unless a show cause notice is issued under section 6-b of the essential commodities act, 1955, it cannot be said that the confiscation proceedings commenced and consequently there can be no bar of jurisdiction of the court under section 6-a of the essential ..... state of west bengal, reported in (1996) 1 ccr 650, in which case .....

Rabindra Nath Mukherjee Vs. the State

Court : Kolkata

Reported in : AIR1956Cal116,1956CriLJ522

..... .i must, therefore, hold that the allegations against the appellant do disclose an offence under section 161, penal code and therefore, in accordance with the provisions contained in the west bengal criminal law amendment (special courts) act, 1949, the appellant was liable t& be tried by a special court only. ..... report in the case.thereafter an investigation started which resulted in the submission of charge-sheet against the appellant who ultimately came to be tried in accordance with the provisions of the west bengal criminal law amendment act, 1949, by the special court at nadia.3. ..... provisions of the west bengal criminal law amendment (special courts) act, 1949, by ..... that whoever being a public servant obtains or attempts to obtain from any person for himself or for any other person any gratification other than legal remuneration, as a motive or reward for doing or forbearing to do an official act or for showing or forbearing to show, in the exercise of his official functions, favour or disfavour to any person, shall be punished in a particular manner indicated in the section.there is an explanation attached to the ..... has not the slightest notion that the money or other illegal gratification which passes from him is not taken as a motive or reward for doing or forbearing to do any official act or for showing or forbearing to show favour or disfavour to the victim, then it is indeed difficult to hold that such transaction will amount to an offence described in section 161. ..... indian .....

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. .....