Judgment Search Results Home > Cases Phrase: preservation of trees act 1976 section 21 power to compound offences Court: kerala Page 1 of about 28 results (0.202 seconds)

Divisional Forest Officer Malayattoor and Others Vs. P.M. Jalal and An ...

Court : Kerala

..... , etc, and mentioned in the kerala preservation of trees act, 1986 (act 35 of 1986) in the land shall be accounted and preserved by forest department . evidently, the assignment order refers to the preservation of trees act, though the pattayam does not refer to that act. however, both the documents denote the trees as forest trees . the preservation of trees act does not define forest tree . it defines only tree under section 2(e) with reference ..... to the specific species of trees mentioned therein. the trees mentioned therein are sandal wood, teak, rosewood, irul, thempavu, kampakam, chempakam .....

Sukumaran Vs. State of Kerala

Court : Kerala

Reported in : 2010(1)KLT546

..... court considered the question whether it would amount an offence under the kerala forest (prohibition of selling of trees standing on land temporarily or permanently assigned) rules 1995 or kerala preservation of trees act and found that both the said acts do not prohibit cutting of teak trees from the private residential property of the owner and hence quashed the proceedings. the applicability of kerala promotion ..... a private property by its owner is not an offence either under the kerala forest (prohibition of selling of trees standing on land temporarily or permanently assigned) rules 1995 or kerala preservation of trees act 1986 and hence the proceedings is to be quashed. relying on the decision of the learned single bench in bhargavan v. divisional forest officer 1994 (1) klt 29 the .....

Joseph Vs. State of Kerala

Court : Kerala

Reported in : 2005(4)KLT504

..... intention of respondents 2 and 3. the appellant cannot impute any mala fides to a statutory function of the government under section 5 of the kerala preservation of trees act. as such, there is absolutely no merit whatsoever in the contentions of the appellant based on allegations of mala fides. this is all the more ..... this very laudable and absolutely essential object, in the present day circumstances, was sought to be achieved by the enactment of the kerala preservation of trees act, 1986. section 5 of the act which starts with the non-obstante clause 'notwithstanding anything contained in any law for the time being in force or in any judgment, ..... the challenge of the appellant against ext.p9 notification issued by the 1st respondent-state of kerala under section 5 of the kerala preservation of trees act, 1986 (for short 'the act') prohibiting cutting of trees in the area referred to therein, which area was exempted from vesting under section 3(3) of the kerala private forests (vesting .....

The Managing Trustee Vs. State of Kerala and ors.

Court : Kerala

Reported in : AIR2006Ker300

..... submits that the above mentioned notification is illegal and the petitioner's properties would not fall within the scope of section 5(1) of the kerala preservation of trees act, 1986.2. detailed counter-affidavit has been filed on behalf of the respondents stating that the area in question is a portion of anakkaranam malavaram in ..... cardamom hill reserve and that the area in question is not cultivated with cardamom, in our view, sub-section (1) of section 5 of the kerala preservation of trees act would not apply to the land in question. reference may also be made to the judgment of the learned single judge in kottal avishumma v. state of ..... notifications are private forests. notifications, as we have already indicated, were issued under section 5(1) of the kerala preservation of trees act 1986. the said provision is extracted below for easy reference.5. prohibition of cutting of tree in notified areas: (1) notwithstanding anything contained in any law for the time being in force, or in any .....

The Range Officer and Another Munnar Tea Garden Residency, Represented ...

Court : Kerala

..... whether eucalyptus would fall within the trees referred in the kerala preservation of trees act since it is an exempted tree under the kerala promotion of tree growth in non-forest areas (amendment) act, 2007. the kerala preservation of trees act defines 'trees' which do not include eucalyptus, see section 2(e) of the act. the kerala promotion of tree growth in non-forest areas (amendment) act, 2007 defines trees, under section 2(g) as ..... "tree" means any woody plant, whether fruit bearing .....

Balakrishnan Nair Vs. Government of Kerala

Court : Kerala

Reported in : AIR2005Ker223; 2005(2)KLT485

..... area involved in o.a. was restored to the petitioner on 9.7.1993 after notifying the area under section 5 of the kerala preservation of trees act.5. notification issued under the act was published in the gazette dated 2.7.1991 as per g.o.(p) no. 45/91/f&wld; dated 10.6. ..... of powers under section 5(1) of the act to preserve tree growth which takes in all trees specified in the notification. we ..... to wild growth and not plantations. we are of the view, the expression 'tree growth' as such cannot be read in isolation. for the preservation of tree growth government can issue notification under the preservation of trees act. tree growth would take in the trees specified in the notification. notification has to be issued by the government in exercise .....

James Joseph Vs. Deputy Range Officer

Court : Kerala

Reported in : 2010(1)KLT655

..... rs. 80.000/- and timber worth rs. 2,500/- were seized on 22.11.1999 alleging that the trees were cut in violation of section 5 of kerala preservation of trees act, 1986 (hereinafter referred to as 'the act'). the trees were subsequently released to the petitioner by the magistrate on a petition filed under section 451 of code of criminal ..... procedure, under annexure-l0 order dated 2.3.2006. petitioner would contend that section 5 of the act does not apply to ..... , decree or order of any court, tribunal or other authority, or in any agreement or other arrangement, the government may, with a view to preserving the tree growth in private forests or in the cardamom hills reserve or in any other areas cultivated with cardamom, by notification in the gazette, direct that no .....

Niyamavedi Vs. Union of India (Uoi) and ors.

Court : Kerala

Reported in : AIR2004Ker81

..... a notification, sro no. 2095 of 1989 dated 8-12-1989 under section 5 of the kerala preservation of trees act 1986 published in the kerala gazette extraordinary no. 1160 dated 28-12-1989 prohibiting cutting of trees from the said properties which was symbolically delivered to the applicant. it is pointed out that this court ..... notification on preservation of trees in the land which was handed over to the applicant. under the forest (conservation) act, 1980 no forest land could be used for non-forest purposes without the prior approval of the central government. ..... for the enjoyment of the general public rather than to permit their use for private ownership or commercial purposes.'state in order to preserve and manage ecological balance on the land has issued the kerala forest (vesting and management of ecologically fragile lands) ordinance, 2001. state has also issued .....

Tomy Vs. the State of Kerala

Court : Kerala

..... ) of the said act). "5. prohibition of cutting of tree in notified areas.- (1) notwithstanding anything ..... refer to the provisions of the kpt act. that enactment was made repealing the kerala restriction on cutting and destruction of valuable trees act, 1974 and kerala preservation of trees ordinance, 1986. while sec.4 of the kpt act creates restrictions in the matter of cutting of 'trees', sec.5 of that act provides for prohibition of certain acts with respect to such 'trees' (as defined in sec.2(e .....

Kunhammed Vs. Forest Range officer.

Court : Kerala

..... leveled against him, but the present petitioner was found guilty under section 4 read crl. r.p. no.1632 of 2006 3 with section 9 of the kerala preservation of trees act and he was convicted thereunder and sentenced to undergo simple imprisonment for six months and also to pay a fine of 500/-, in default to undergo, simple imprisonment ..... an extent of 1.65 acres owned by the revision petitioner were cut and removed with the help of 2nd accused, in violation of the provisions of the kerala preservation of trees act, crl. r.p. no.1632 of 2006 2 without sanction of the authorities and thereby they have committed the above said offence. on the basis of form- ..... officer, kuttiyadi range, against the revision petitioner and another under section 4 read with section 9 of the kerala preservation of trees act, 1986 (hereinafter called 'the act').2. the case of the prosecution in nut shell was that, 9 irul trees stood in the property in survey no.37/1c (new r.s.no.424/3n) in maruthonkara village, having .....