Court : Mumbai Nagpur
..... the application because the property had become a government property, however he was definitely influenced by the provisions of section 39(1)(d) of the wild life (protection) act, 1972 and has, therefore, taken erroneous decision by rejecting the revision application. 9. in this regard, it may be noted here that the ..... the application has to be considered on merits. the rejection of the application on the ground that the property seized by the competent officer under the wild life (protection) act, 1972 had become government property was, in my view, not correct. though the learned additional sessions judge has not clearly indicated that he rejected ..... up for determination in the present criminal application is that as to whether the property seized by the officer empowered under section 50 of the wild life (protection) act, 1972 becomes the government property immediately after the seizure thereof. in the present case, truck no. mh31ds2030 belonging to the applicant was seized during .....
Tag this Judgment!Court : Mumbai Nagpur
..... as to whether the petitioner is entitled to receive compensation for the loss caused to her orange trees by a wild animal, the blue-bull, a protected animal under the provisions of wild life (protection) act, 1972 under the scheme of compensation framed by the government in the interest of affected farmers/horticulturists? 12. in ..... payment of compensation for loss caused to orchards by only some of the wild animals and disallow it in other cases. he submits that even other wild animals like deer, blue-bulls, wild boars and so on which are protected under the wild life (protection) act, 1972, are also capable of causing destruction to the fruit bearing ..... . article 51a (g) in part iva of our constitution enjoins upon every citizen to protect and improve the natural environment including, inter-alia, forests and wild life. avowed object of the wild life (protection) act, 1972, is to provide for the protection of wild animals, birds and plants and it lays down an elaborate scheme for throwing a .....
Tag this Judgment!Court : Mumbai Nagpur
..... the non-applicant apparently constitute an offence punishable under section 51 read with other relevant sections, such as sections 9, 39, 44, 49b and 52 of the wild life (protection) act, 1972. confessional statements, in particular, of the co-accused sarju and the non-applicant himself are sufficient to indicate that, prima facie the offence alleged against the ..... as, p.o.r. ) no.32/2013, registered for an offence punishable under section 51 read with sections 9,39, 44, 49b and 52 of the wild life (protection) act, 1972 against several accused persons including the non-applicant. the main allegation against the non-applicant is that he is a trader, who deals in purchase and selling ..... bones and claws of tigers. now, it is well settled law that the confessional statements made by the accused in forest or wild life offences are not hit by section 25 of the evidence act as a forest officer is not a police officer within the meaning of section 25. this view taken by the learned single judge .....
Tag this Judgment!Court : Mumbai Nagpur
..... been established by the concerned agencies of the state government, in exercise of their powers under the wild life (protection) act, 1972 (53 of 1972) that the activities or impact of the presence of holders of rights upon wild animals is sufficient to cause irreversible damage and threaten the existence of said species and their habitat; ..... been established by the concerned agencies of the state government, in exercise of their powers under the wild life (protection) act, 1972 (53 of 1972) that the activities or impact of the presence of holders of rights upon wild animals is sufficient to cause irreversible damage and threaten the existence of said species and their habitat; ..... by the state government under sub-section (2) of section 4 of the said act, which is necessary in order to ensure that the wild life is effectively protected and there is no danger to the wild life in the critical wild life habitat. 21. we, therefore, direct the central government, through the ministry of environment .....
Tag this Judgment!Court : Mumbai Nagpur
..... as envisaged under section 5 of cr.p.c.; the police force under the delhi special police establishment act was not empowered to investigate the case. at page 720, hon'ble apex court after noticing the provisions of the wild life (protection) act and cr.p.c. has observed :- 12. as provided under subsection (1) of section 50 police ..... conduct search or inquire, seize article mentioned in clauses (a), (b) and (c) of subsection (1). to this extent, there is contrary provision under the wild life act and would prevail as provided under subsection (2) of section 4 of the code of criminal procedure. 13. learned counsel for the appellant referred to the decision in ..... extend to five hundred rupees or with both. 38. similar controversy about lack of competency by the police force under the delhi special police establishment act in view of special procedure in wild life act has been looked into by hon'ble apex court in motilal v. central bureau of investigation, (2002) 4 scc 713 . contention before .....
Tag this Judgment!Court : Mumbai Nagpur
..... the property of the industrial undertaking, which is directly concerned with functioning of the industrial undertaking, to the state government, as illegal. as the act is entitled to protection under article 31c of the constitution, it will not be permissible for us to go into the question of sufficiency or otherwise of the compensation as ..... for reserving land for providing public amenities without which people cannot live there. community centres, shopping complexes, parks, roads, drains, playgrounds, are all necessary for civic life and these amenities are enjoyed by all. that is also a kind of distribution. ....? it can thus be seen that the apex court has observed that even if ..... with a view to achieving the directive principles in article 39(b) and (iii) the object of enacting the legislation was obviously to provide wholesome civic life to the citizens and not distribution of material resources. we are of the view that each of these reasons is invalid and erroneous. first article 31-c .....
Tag this Judgment!Court : Mumbai Nagpur
..... 21 of the constitution of india, provisions of article 21 of the constitution of india are reproduced herein below. "article 21": protection of life and personal liberty.no person shall be deprived of his life or personal liberty except according to procedure established by law". legal position in view of pronouncements of the supreme court and the high ..... provisions while considering the aforesaid challenge. the rules of 1959 have been framed by the state government in exercise of powers conferred by section 59 of the prisons act, 1894. initially, rule 19 read as under: "19. a prisoner may be released on parole for such period as the competent authority referred to in rule ..... have submitted that rule 19 as amended is within the rule making power of the state government and is not contrary to the provisions of the prisons act, which by section 59 empowers the state government to frame such rules. it has further been stated that considering the previous experience of the convicts to misuse .....
Tag this Judgment!Court : Mumbai Nagpur
..... fee and levy thereof. section 25. (1) there shall be constituted a special fund called the fire protection fund ? to which shall be credited the fees imposed and collected under this act. (2) the special fund shall be reflected into the budget estimate of the respective authority and the accounts ..... petitioners, by way of present public interest litigation, have approached this court challenging the vires of the maharashtra fire prevention and life safety measures act, 2006 (hereinafter referred to as the said act ?). 3. at the very inception, mr.shyam dewani, learned counsel for the petitioners submits that the petitioners are praying for ..... personnel, sophisticated equipments and appliances for effectively controlling and extinguishing the fires occurring in such buildings and for periodical inspections of the fire prevention and life safety measures required to be provided for different types of buildings. the bill, accordingly provides for the following, among other matters, namely: (a .....
Tag this Judgment!Court : Mumbai Nagpur
..... tribe. right to challenge order invalidating caste certificate is given up with knowledge that respondent employer as also caste scrutiny committee are opposing the prayer for protection. this protection in service is being claimed on the basis of various judgments, particularly a judgment of the hon'ble apex court in the case of kavita ..... castes, scheduled tribes, de-notified tribes (vimukta jatis), nomadic tribes, other backward classes and special backward category (regulation of issuance and verification of) caste certificates act, (act no. 23 of 2001). 6. he has relied upon a judgment in the case of union of india vs. dattatray namdeo mendhekar and ors., reported at ..... the caste certificate obtained by the candidate under section 4 from the competent authority is cancelled by the scrutiny committee under section 7(1) of maharashtra act no. xxiii of 2001, the implicit inference is that such certificate has been obtained by making false claim or declaration because the power of the .....
Tag this Judgment!Court : Mumbai Nagpur
..... applicant had filed proceedings against her husband and mother-in-law under section 12 r/w. sections 17, 18 and 19 of the protection of women from domestic violence act, 2005 (hereinafter referred to as "the act of 2005"). along with the main application, the applicant had also moved another application for grant of interim relief with averments that the ..... taken on rent by the husband or the house which belongs to joint family of which the husband is a member." 10. the object of the act of 2005 is to provide more effective protection to helpless and shelterless victims and to ensure the rights of women guaranteed under the constitution. thus, in a given case, woman who is victim ..... is made, to pass an expeditious order at the interim stage u/s. 23 of the act as the magistrate may feel just and proper. the object is to provide protection to the woman/complainant speedily under the act. section 29 of the act do provide remedy of appeal within 30 days from the date on which the order made by .....
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