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
..... down any guidelines; it cannot be so exercised as to bring into existence substantive rights or obligations or disabilities not contemplated by the provisions of the act itself. ? is misconceived, as here there is no prayer to set aside the lbt rules, 2010. therefore the support sought from petroleum and natural ..... these rules are specifically to implement chapter xib, and therefore, power given to state government superimposes itself upon similar power in other sections of the corporation act. by virtue of section 152r, certain sections contained in chapter xia apply with necessary modifications as warranted by chapter xib, and therefore, chapter xia is ..... thus, having annual turnover below rs.50 crores, cannot be straightway given exemption. such an exemption or classification is not countenanced by scheme of corporation act and is infact counterproductive because the cost of petitioners' product then definitely will be more than the cost thereof for exempted dealers. the amending rules of .....
Tag this Judgment!Court : Mumbai Nagpur
..... sections of the society in a number of cases. it has also helped in protection and preservation of ecology, environment, forests, marine life, wildlife etc. the court's directions to some extent have helped in maintaining probity and transparency in the public life. the hon'ble apex court, while exercising its jurisdiction of judicial review, ..... of nagpur. since alteration of the sanctioned development plan is the subject-matter falling within the jurisdiction of the planning authority under the maharashtra regional town planning act, 1971, respondent/nagpur municipal corporation (n.m.c.) was instructed to take suitable action under section 37 of the mrtp act. 7. the petitioners prayed for ..... since the last about 10 years and the land though reserved, is having only shrubs and wild grass grown over it; it cannot be, therefore, used for any purpose. if the petitioners were/are really interested and acting in public interest, they must explain as to why they have not approached any of the .....
Tag this Judgment!Court : Mumbai Nagpur
..... sections of the society in a number of cases. it has also helped in protection and preservation of ecology, environment, forests, marine life, wildlife etc. the court's directions to some extent have helped in maintaining probity and transparency in the public life. the hon'ble apex court, while exercising its jurisdiction of judicial review, ..... of nagpur. since alteration of the sanctioned development plan is the subject-matter falling within the jurisdiction of the planning authority under the maharashtra regional town planning act, 1971, respondent/nagpur municipal corporation (n.m.c.) was instructed to take suitable action under section 37 of the mrtp act. 7. the petitioners prayed for ..... since the last about 10 years and the land though reserved, is having only shrubs and wild grass grown over it; it cannot be, therefore, used for any purpose. if the petitioners were/are really interested and acting in public interest, they must explain as to why they have not approached any of the .....
Tag this Judgment!Court : Mumbai Nagpur
..... action, which ill behoves him and does little credit to the noble profession to which he belongs. an advocate has no wider protection than a layman when he commits an act which amounts to contempt of court. it is most unbefitting for an advocate to make imputations against the judge only because he does ..... activity of benchhunting. (3) in various litigations as are instituted and the publications, which are referred to in this order, you, satish mahadeorao uke, have used wild, intemperate, unfounded, unwarranted and irresponsible allegations scandalizing the court and making a scurrilous attack on the judges in person and the officers of the court, including the ..... without mud-slinging the sitting judges and the officers of this court. the revision application along with the documents and pursis on record contain all sorts of wild allegations amounting to scurrilous attack on the sitting judges, the officers of this court, including the government pleader, and the record of this court. such .....
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