Judgment Search Results Home > Cases Phrase: maharashtra minor forest produce regulation of trade act 1969 Page 1 of about 2,787 results (0.224 seconds)

Arjun Ratansing Jadhav Vs. the State of Maharashtra, Through Secretary ...

Court : Mumbai Aurangabad

..... according to the respondents, maharashtra minor forest produce (regulation of trade) act, 1969 is applicable only to tendu and apta and the petitioner is wrongly referring to the said act. ..... section 4(1) of the maharashtra transfer of ownership of minor forest produce in the scheduled areas and the maharashtra minor forest produce (regulation of trade) (amendment) act, 1997 reads as under: - "4. ..... even otherwise, according to the learned counsel, in the area of pal, "the scheduled tribes and other traditional forest dwellers (recognition of forest rights) act, 2006 ("forest rights act" in short) has been enforced on 31.12.2007 and the rights to minor forest produce vest in the gramsabha. ..... it is then argued by the learned counsel for petitioner that, looking to the provisions of forest rights act, the right of ownership of the minor forest produce vests in the gramsabha of pal and so, the petitioner can acquire such gum even from the local traditional forest dwellers and scheduled tribes. ..... the transfer of ownership of minor forest produce in scheduled areas act, 1997 does not apply in the present matter as chalisgaon does not fall under the scheduled area. ..... the petitioner claims that, the gum is a minor forest produce and under the jurisdiction/ control of respective village panchayats; and forest officials have no control over the same. ..... in the absence of showing legal source of acquiring of the minor forest produce, the action of the respondents cannot be faulted with. .....

Janu Chandra Waghmare and ors. Vs. the State of Maharashtra and ors.

Court : Mumbai

Reported in : AIR1978Bom119; (1977)79BOMLR499

..... the constitutional validity of the said act has been mainly challenged on three grounds: (a) that the state legislature of maharashtra lacks legislative competence to enact the measure, particularly section 3 thereof, to the extent to which it purports to vest in the state government the 'forest produce' while acquiring all private forests in the state, (b) that the said enactment, particularly sections 3 and 5 thereof, contravene the freedom of trade, commerce and intercourse guaranteed under article 301 of the constitution and (c) that ..... been challenged is that the said enactment, particularly section 3 thereof since it purports to acquire not merely mines and minerals, major as well as minor, but also mining leases, licences and other rights in mines and minerals lying in the private forest, it conflicts with and trenches upon the 'occupied field' under the central act 67 of 1957 -- mines and minerals (regulation and development) act, 1957 -- passed by parliament under entry 54 of list i and the same is therefore void ..... 23 of 1969 (hereinafter referred to as-i the 'scheduled tribes act') under which the collector had to be satisfied that the agreement for sale was voluntary and the price, as determined on valuation, was reasonable. ..... wtn/us/2680/69 dated 11-9-1969 passed by the collector of nasik by which the nature of jahagir of the 1st petitioner was held to be a proprietary one and he got physical possession of the private forest on or about 21-1-1974. .....

Desai Beedi Company Vs. Commissioner of Commercial Taxes

Court : Andhra Pradesh

Reported in : [2005]141STC184(AP)

..... as per the provisions of the andhra pradesh minor forest produce (regulation of trade in abnus leaves) rules, 1970 (for short, 'the rules'), the beedi leaves can be transported only under a valid permit, as per the pre-determined route to the ..... one of the replies, the appellant had stated that the office at sholapur of maharashtra state was its branch office, while in another it is stated that the office at sholapur of maharashtra state was 'head office'. ..... after consideration of section 3 of the central sales tax act, 1956, while relying on the judgment of the supreme court in commissioner of sales tax, u.p. ..... it is taxable only under the central sales tax act, 1956.situation could have been different if the respondent-dealer had purchased the goods on behalf of the ..... commissioner came to the following conclusions : that the assessee is not an agent acting on behalf of a non-resident principal, but is a branch office. ..... appellant is the registered dealer under the andhra pradesh general sales tax act, 1957 (for short, 'the act') and also under the central sales tax act, 1956 (for short, 'the act, 1956'). ..... therefore, allow the appeal and hold that the appellant was not exigible to tax for the year 1989-90 under the act, as it was an inter-state sale. ..... was a case where section 4-b of the punjab general sales tax act, 1948 was under challenge and the question before the court was whether it was the legislative competence to enact section 4-b of the punjab general sales tax act, 1948. .....

Padmavati Construction Co. and ors. Vs. State of Maharashtra and anr.

Court : Mumbai

Reported in : 2007(1)ALLMR530; 2007(1)BomCR609

..... of section 10 then stipulates that if any property consisting of a building is constructed or to be constructed and the promoter had submitted such property to the provisions of the maharashtra ownership apartment act, 1970 by executing and registering a declaration, the promoter shall inform the registrar, and in such cases it shall not be lawful to form a co-operative society or a company ..... principal submission is that under section 10(2) of the maharashtra ownership flats (regulation of the promotion of construction, sale, management and transfer) act, 1963, there is an embargo on the registrar of cooperative societies registering a co-operative society where the promoter has submitted the property to the maharashtra apartment ownership act, 1970 by executing and registering a declaration as provided by that act. ..... of building or buildings is constructed or to be constructed [and the promoter submits such property to the provisions of the maharashtra apartment ownership act, 1970, by executing and registering a declaration as provided by that act] then the promoter shall inform the registrar as defined in the maharashtra co-operative societies act, 1960, accordingly; and in such cases, it shall not be lawful to form any co-operative society or company. ..... liabilities of a promoter and requires a promoter in all transactions with persons intending to take or taking one or more of such flats to give or produce information and documents which the section requires to be disclosed. .....

Shri. Vasant S/O Rangnath Chorghade, Age36 Years, Vs. the State of Mah ...

Court : Mumbai Aurangabad

..... of that time, failed to hold the election within the prescribed time, respondent no.5 assistant registrar, cooperative societies, gangakhed, tqgangakhed, distparbhani, vide his order dated 20th december, 2003 in exercise of powers under section 77 (a)(1) of the maharashtra cooperative societies act, 1960 (for short "the act of 1960") dissolved the board of directors and appointed mrs. s.l. ..... we have considered the provisions of the act of 1960, the maharashtra municipal council act, and the act of 1966, for the purposes of the issue which is relevant to be considered in this regard ..... in the light of the provisions of section 189 of the maharashtra municipal councils act the respondent no.6 sangh started construction of the new building by demolishing the old building ..... the provisions of section 92 of the maharashtra municipal council act and provisions of section 36 and 72 of the act of 1960 were referred to by the learned counsel.23 ..... under the provisions of section 189 of the maharashtra municipal council act the permission would be deemed to have been granted ..... the respondent no.6 sangh waited for considerable period for more than two months as contemplated under section 189 of the maharashtra (municipal councils), (nagar panchayats) and industrial townships act, 1965 (for short "the maharashtra municipal councils act"). ..... counsel submitted that the petitioner has alternate remedy under the provisions of the maharashtra regional & town planning act, 1966 (for short "the act of 1966"). .....

Kirana Grains and Edible Oils, Wholesale and Retail Merchants Associat ...

Court : Mumbai

Reported in : 1986(2)BomCR499

..... agriculture produce market committee, chandrapur, constituted under the maharashtra agricultural produce marketing (regulation) act, 1963 (the act) for the first time in the year 1981, started levying market fees on the goods imported within the area of the market committee on the importer at the point of their ..... 'the maharashtra agricultural produce marketing (regulation) rules, 1967 (the rules) framed under section 60 of the act govern the manner of charging and ..... the incidence of levy is the completed transaction of sale in the market committee and the liability is fastened on a purchaser of the produce and thus there is no warrant for charging levy on the importer and that too before the sale takes place.3. ..... liable for the levy of fees under this section, as if it had been so marketed.provided further that, no such fees shall be levied and collected in the same market area in relation to agricultural produce in respect of which fees under this section have already been levied and collected there in or in relation to declared agricultural ..... are not concerned with a situation contemplated under the first proviso namely, of a trader importing the produce for the purposes of processing only or for export and the processing or export is not done ..... the fees are leviable only on the sale transaction of agricultural produce as defined in the act read with schedule marketed in the market area and the liability for the payment of such fees is on the purchaser ..... devendra trading company .....

Britannia Industries Limited a Public Company Vs. the Produce Bombay, ...

Court : Mumbai

Reported in : 2006(4)BomCR645; 2006(5)MhLj266

..... in this petition, filed under article 226 of the constitution, the petitioner-company prays for a declaration that, (a) the maharashtra agricultural produce marketing (regulation) act, 1963 (for short the act) is not applicable to sugar, cashew nuts, refined oil and dry fruits purchased by the company; (b) to declare that the notification dated 25/9/1987 issued by the state of maharashtra under section 62 of the act is illegal, ultra vires and unconstitutional to the extent it adds 'sugar', 'dry fruits' and 'edible oils ..... the petitioner-company also raised an issue that though 'sugarcane' is listed in the schedule, no notification under section 4 of the act declaring that marketing of sugarcane shall be regulated under the act in respect of any market area in the state of maharashtra has been issued as yet and only in respect of 'sugar' such notification has been issued covering the market area of the respondent no. ..... 353 of 1998 we have considered the relevant provisions of the act and more particularly sections 2, 3, 4, 6, 7, 31, 34a to 34c, 60 and 62 of the act and also the relevant rules under the maharashtra agricultural produce marketing (regulation) rules, 1967. ..... (1) in this act, unless the context otherwise requires,- (a) 'agricultural produce' means all produce (whether processed or not) of agriculture, horticulture, animal husbandry, apiculture, pisciculture and forest specified in the schedule. .....

Krishi Utpadan Mandl Samiti, Agra Vs. Chunni Lal and Another

Court : Allahabad

Reported in : 2000(2)AWC1168

..... of the submission was that the maharashtra agricultural produce marketing regulation act was conceived in the interests of ..... known as 'first arrival' is subject to the restrictions contained under section 7 (2) (b) of the mandi samiti adhiniyam and since the members of the plaintiff society do not purchase agricultural produce directly from agriculturists, but from traders or commission agents, who firstly purchased the same from agriculturists, therefore, the members of the plaintiff, society are purchasers of 'second arrival' and, therefore ..... the locus of all transactions of sale and purchase of agricultural produce, including those between trader and trader, should be in the market is harsh and an excessive restriction on the fundamental right to carry on trade.'20. ..... 'agricultural produce' as defined in section 2(a) of mandi samiti adhiniyam, means such items of produce of agriculture, horticulture, viticulture, apiculture, sericulture, pisciculture, animal husbandry or forest as are specified in the schedule, and includes admixture of two or more of such items, and also includes any such item in processed form ..... of the state legislature to enact section 7 (2) (b) of the adhiniyam cannot be doubted.it was, further, held in the said case that the provisions of the act are neither so harsh nor so drastic as to constitute unreasonable restrictions on the right to carry on trade.16. ..... so harsh nor so drastic as to constitute unreasonable restrictions on the right to carry on trade. .....

In Re Interplay Between Arbitration Agreements Under The Arbitration A ...

Court : Supreme Court of India

..... court had examined the question of stamp duty in an underlying contract with an arbitration clause and in the context had drawn a distinction between the first and second part of section 7(2) of the arbitration act, albeit the observations made and quoted above with reference to existence and validity of the arbitration agreement being apposite and extremely important, we would repeat the same by reproducing para 29 thereof : (scc ..... the high court impounds an unstamped instrument at the section 11 stage, it shall hand it over to the relevant authority under the maharashtra stamp act to be decided within a period of forty-five days from which such authority receives the instrument. ..... (2) to section 33 states that for the purpose of sub-section (1), such person or public officer shall examine the instrument so chargeable and so produced or coming before him, in order to ascertain whether it is duly stamped as per the law in force in india when the instrument was ..... trade and commerce in the middle of the nineteenth century necessitated the regulation and ..... explicitly declared as incompetent or does not fall within the definition of a competent person under the aforesaid provisions, like a minor or a person of unsound mind, a contract entered into by such person would be void ..... tara chand ta, 1905 scc online cal 164 127 (1969) 3 scr128(2007) 4 scc45178 part g consent of parties to receive evidence is empowered ..... of sections 35, 36 and 51 (1969) 1 scc59738 part d42of the stamp act. .....

Ankush Keshav Bowledkar Vs. State of Maharashtra and Others

Court : Mumbai

Reported in : 1999(1)BomCR165

..... and removal of trees and timber; or (g) the quarrying of stone or the burning of lime or charcoal or the collection or removal of any forest-produce or its subjection to any manufacturing process; (ii) regulate in any forest the regeneration of forests and their protection from fire; when such regulation or prohibition appears necessary for any of the following purposes :- (a) for the conservation of trees and forests; (b) for the preservation and improvement of soil or the reclamation of saline or water logged land, the prevention of landslips or of the ..... before the said notices were served, on 6th september 1975 the maharashtra private forests (acquisition) act, 1975 (for short 'private forest act') came into force and sections 34-a, 35, 36-a, 36-b, 36-c and 37 stood repealed. ..... it is clearly noticed from the discussion made by the maharashtra revenue tribunal in its order that the notice under sub-section (3) of section 35 of the forest act was issued on 29th august 1975. ..... the private forests act received the assent of the president on 25th august 1975 and the said assent was first published in maharashtra government gazette on 29th august 1975. .....