Judgment Search Results Home > Cases Phrase: indian forest west bengal amendment act 1981 Page 9 of about 25,607 results (0.261 seconds)

Walamji Lalji Vs. Anil Charan Bangal and ors.

Court : Kolkata

Reported in : AIR1975Cal92,78CWN735

..... since the coming into force of the amended provisions the scope of the law was enlarged and that will appear in clause (aa) of sub-section (1) of section 5 of the west bengal estates acquisition act which is as follows:--'all lands in any estate comprised in a forest together with all rights to the trees therein or to the produce thereof and held by an intermediary or any other person shall notwithstanding anything to the contrary contained in any judgment; the decree or order of any court ..... has been urged that even if section 56 be not attracted the provision of section 65 of the indian contract act will help the plaintiff to get the compensation. ..... to the plaintiff became impossible to be performed by reason of passing of the west bengal estates acquisition act, in consequence the plaintiff is entitled to get compensation from the vendor for the loss which he sustained, as provided in sections 56 to 65 of the indian contract act.18. ..... the point we want to refer to section 56 of the indian contract act which runs as follows :'an agreement to do an act impossible in itself is void. ..... facts and circumstances of the case we hold that the court of appeal below has rightly held that the plaintiff is entitled to get the relief as provided in section 65 of the indian contract act.37. ..... rule of equity has been incorporated in several sections of the indian contract act. ..... him, the plaintiff is entitled to get relief both under section 56 and under section 65 of the indian contract act. .....

Oberoi Constructions Private Limited a Company Registered Under the Co ...

Court : Mumbai

Reported in : 2008(3)ALLMR546; 2008(3)BomCR408; (2008)110BOMLR951

..... submits that by virtue of article 372(1) of the constitution of india, the indian forest act, 1927 was subject to any alteration, repeal or amendment by a competent legislature or other competent authority. ..... it is submitted that no limitation can be imposed on the vesting of lands whereby notice under section 35(3) of the 1927 act.d) the definition of the expression 'forest' under section 34a of the indian forest act is an inclusive one and in these circumstances it cannot be read as exhaustive as suggested by the petitioner. ..... it may be stated that the indian forest act, 1927 deals with different types of forests such as (i) reserved forests, (ii) village forests, (iii) protected forests and (iv) forests which are not the property of ..... the other hand it must be liberally interpreted as laid down by the supreme court in case of state of west bengal and ors. v. ..... manager of the factory of the first petitioner was called upon to appear before the divisional forest officer (dfo for short), west, thane to show cause why notification under section 35(1) of 1927 act should not be made in respect of the land in village vikhroli. ..... state of west bengal v. ..... 1 constructed 34 buildings containing 268 tenements, on lands situated west of lbs marg, which were and are owned by the ..... lands are falling within the residential zone under the development plan of 1967, the petitioners have constructed between 1957 and 1976, 34 buildings containing 268 tenements on the land situated on the west of l.b.s.marg. .....

Mohd. Ashique Vs. State of Maharashtra

Court : Supreme Court of India

Reported in : 2008AIRSCW7783; AIR2009SC624; [2009(1)JCR165(SC)]; RLW2009(2)SC2006; (2009)1SCC368; 2009(91)SCC(Cri)502.

..... the factum of such seizure both to the concerned magistrate as also the authorized officer, save and except in the cases which would fall within the purview of the proviso appended to sub-section (2) of section 52 of the act, as amended by the state of west bengal. ..... cattle shall be made under section 61-a if the owner of the tool, boat, vehicle or cattle proves to the satisfaction of the authorized officer that it was used in carrying the timber, sandalwood, firewood, charcoal or any other notified forest produce without the knowledge or connivance of the owner himself, his agent, if any and the person in charge of the tool, boat, vehicle or cattle and that each them had taken all reasonable and necessary ..... 61-e provides that confiscation under earlier provisions does not save the offender from any other punishment which can be imposed upon him under indian forest act or any other law. ..... mh-30-b-2897 challenged the order of confiscation passed by the assistant conservator of forest (authorised officer) under section 61-a of the indian forest act, 1927 (in short the `act'). ..... thereafter learnt that on or about 08.01.1999 the officers of the forest department seized said timber including katsawar from geeta saw mill. ..... section 61-prescribes for confiscation by forest officer of forest produce where forest offence is believed to have been ..... he also pointed out report dated 17.03.1999 submitted by range forest officer shri bansod communicating that the report of illegal transportation was .....

K.K.Moideen Vs. Assistant Wild Life Wardern

Court : Kerala

Reported in : ILR2010(4)Ker134

..... in section 2(15)(c) of the kerala interpretation and general clauses act, 1125 the expression "government", "the government or "state government as respects anything done or to be done after the commencement of the constitution (seventh amendment) act, 1956, is defined as meaning "the government of the state of kerala". ..... therefore it was considered necessary to amend the kerala forest act incorporating deterrent provision to effectively prevent such illicit removal". 10. ..... the state of west bengal (air 1958 calcutta 257) and the election commission of india v. ..... then the next question is whether "the government referred to in section 61a (1) and (2) of the act means "the government of kerala" or, it included the government of any other indian state or the central government as the learned special government pleader interprets the expression. ..... in the circumstances i am unable to accept the interpretation given by learned special government pleader that the expression "the government" occurring in section 61a (1) and (2) of the act should mean not only the government of kerala but also governments of other indian states and the central government. ..... section 4a of the general clauses act, 1897 states that certain definitions in section 3 (which includes "government") shall apply unless there is anything repugnant in the subject or context, to all indian laws. .....

Bengal Brickfields Owners' Association and Ors. Vs. State of West Beng ...

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. .....

Parisar an Organisation and ors. Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 1990(1)BomCR79

..... respondents, on the other hand, was that the suit land was not a forest land and therefore the provisions of section 2(ii) of the forest (conservation) act, 1980 were not applicable.the expression 'forest land' had not been defined under the indian forest act, 1927 or under the forest (conservation) act, 1980. ..... state government issued a notification under section 27 of the indian forest act declaring that the suit land had ceased to be reserved forest from the date of the publication of the said notification. ..... state government directed the pune municipal corporation to initiate a proposal for minor modification of the development plan under section 37 of the act for the purpose of converting the suit land from 'no development zone' to public/semi public zone' and issued a notification on january 19, 1979 for its disforestation under section 27 of the indian forest act, 1927. ..... the state of west bengal and others : [1987]2scr223 , on the other hand, the supreme court though recognised the need to maintain and preserve the ecological balance and environment, it was considered to define parameters ..... as stated earlier after the modification of the plan was sanctioned and was notified by the state government in the gazette on june 18, 1981, the state government on september 17, 1982 appointed the director of town planning maharashtra state, pune to be a special officer and directed him to take action for publication of the requisite ..... unwanted situation sets in, amends or repairs would not .....

Baddu. Vs. the State of Madhya Pradesh.

Court : Madhya Pradesh Jabalpur

..... section 59(a) and 59(b) of the indian forest act, 1927 as applicable in state of west bengal) it is held that "8 ..... proceeding to confiscate the tractor and trolly was initiated as is contemplated under section 52 (as applicable in the state of madhya pradesh) of the indian forest act, 1927 (hereinafter referred to as 'the act of 1927'); wherein the petitioner/owner was noticed and after considering the defence put forth by him and the material on record including the evidence led on behalf of ..... /04 dated 21/03/2006 under section 26(1), 52 of the indian forest act, 1927 read with section 5(1) of the madhya pradesh ..... property a mark indicating that the same has been so seized and shall, as soon as may be, either produce the property seized before an officer not below the rank of an extra assistant conservator of forest authorised by the state government in this behalf by notification(hereinafter referred to as the authorised officer) or where it is, having regard to quantity of bulk or other genuine difficulty, not practicable to produce the ..... section 15(6) of the madhya pradesh vanopaj (vyapar viniyaman) adhiniyam 1969, amendment act, 1986 (which stipulates "(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 in the satisfaction of authorised officer that any such tools, vehicles, boats, ropes, .....

State of U.P. Vs. Ramgarh Farms Ltd.

Court : Allahabad

Reported in : 2004(2)AWC1199

..... both these notifications issued under section 4 and section 20 of the indian forest act has become final as the company had not challenged the same in any court of law.3. ..... it is an independent order having been passed to redetermine the surplus land after amendment in the celling act by the amending acts of 1973 and 1976. ..... which is a public limited company incorporated under the companies act having its registered office at 22, chitranjan avenue, kolkata in the state of west bengal, (hereinafter referred to as the company) claims itself to be the bhumidhar of a vast track of land in tehsil nagina district bijnor. ..... for proceedings under the amending act of 1973 or 1976, would mean redetermination in the light of the amendments in the ceiling limit and the exemptions in respect of the holding of the petitioner as on the date of the amending act in the present case but for the order dated 30.7.1976 the holding of the petitioner could not be 2605 bighas 7 biswas. ..... so far as the reduction in ceiling limit under the ceiling act by subsequent amendment of 1973 and 1976 is concerned, he submitted that merely because in the order dated 29.11.1976 passed by the prescribed authority the ceiling limit has been reduced from 40 acres (as in 1962) to 18 acres (as in 1976), it would not mean that the proceedings were taken afresh after the coming of the amending acts. ..... he further submitted that under section 3 of the forest act as amended by u. p. .....

Sri Ramchandra Mardaraj Deo Vs. Commissioner of Income-tax, Bihar and ...

Court : Orissa

Reported in : [1955]28ITR136(Orissa)

..... this point was overruled by the appellate assistant commissioner who held that the patna high court for the first time held in the case already referred to that incomes from forests of spontaneous growth, as distinct from forests grown by the process of cultivation and tilling of the soil, were non-agricultural incomes, and in the opinion of the appellate assistant commissioner this exposition of the correct meaning of agricultural income was a definite information of ..... after discussing the entire question came to the conclusion that under section 34 if the indian income-tax act as amended in 1939, the income-tax officer had no power to reopen the assessment proceedings, unless he acted in consequence of 'definite information' which had come into his possession. ..... learned counsel for the revenue does not admit that it was shown in the return that he was in receipt of income from the forests we have to take his admission that the department knew that the assessee was in receipt of income from his forests, and in any such case, it was always open to the department to assessee the income from forests in the relevant assessment year even if the assessee did not show it in his return. ..... income-tax, west bengal. ..... maharaja pratap udai nath sahi deo of ratugarh and another that incomes from forests such as lakhar, bankar and phalkar from forests of spontaneous growth as distinct from forests grown by the process of cultivation were non-agricultural incomes, and as such were assessable to .....

State of Nagaland Vs. Ratan Singh, Etc.

Court : Supreme Court of India

Reported in : AIR1967SC212; 1967CriLJ265; [1966]3SCR830

..... make regulations for the peace and good government of any area in a province which is for the time being an excluded area, or a partially excluded area, and any regulations so made may repeal or amend any act of the federal legislature or of the provincial legislature, or any existing indian law, which is for the time being applicable to the area in question. ..... of the governor-general in council legislated for these backward tracts and the governor-general could direct that any act of the indian legislature should not apply at all or should apply with such exceptions and modifications as the governor-general might think ..... eastern bengal was reunited with west bengal and assam once again became a separate province ..... continuing validity of any notification, appointment, regulation, direction or determination made thereunder and in force immediately before the commencement of part iii of the government of india act, 1935 : provided that, where immediately before the first day of april, 1937, any enactment is, by virtue of any notification made under this act, in force in any area in british india, either with or without restrictions or modifications, the central government, in relation to matters enumerated in list i ..... 5 of the scheduled districts act, 1874, the indian penal code, the indian police act, the indian arms act, the assam land revenue regulation, the assam forest regulation and the whipping act were extended by the chief commissioner with the previous sanction of the .....