Search Results for "statutory forest"

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Search Results for "statutory forest"

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High Court

Madras High Court Dismisses Appeal by Forest Dwellers in Forest Rights Act Case — Upholds Rejection of Claims Due to Lack of Evidence of Continuous Occupation Prior to 2005. The court held that the burden of proof lies on claimants under Section 3(1) of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, and that the writ petition was not maintainable as an alternative remedy of appeal under Section 8 was available.

10 Mar 2026

The appellants, 21 individuals claiming to be forest dwellers, filed a writ petition before the Madras High Court challenging an order dated 10.03.202...

High Court

Bombay High Court Allows Petition Against Forest Department Transit Fee on Imported Timber. Imported timber from foreign country is not 'forest produce' under Maharashtra Forest Rules, 1970, and no transit fee can be levied for its transportation from port to customs CFS.

16 Jun 2023

The petitioner, Omprakash Nagoja, a sole proprietor of O.P.M. International, imported timber from a foreign country. The timber arrived at Jawaharlal ...

Supreme Court

Supreme Court Allows Appeals of Forest Guards in Promotion Dispute — Circular Revocation Invalid Without Proper Rescission. State Government's Order Dated 14.05.2009 Did Not Revoke Earlier Circular of 17.10.1977; Subsequent Revocation Order Dated 11.06.2012 Was Not Given Retrospective Effect.

9 May 2022

The case involves two appeals by Forest Guards, Omkar Sinha and another, against the State of Chhattisgarh and others, concerning their entitlement to...

Supreme Court

Supreme Court Upholds State's Vesting of Private Forest Land Under Kerala Private Forests (Vesting and Assignment) Act, 1971. The court affirmed the tribunal's rejection of the claimant's exemption plea due to insufficient evidence of principal cultivation as plantation under Section 2(f) of the Act.

29 Oct 2021

The appeal arose from a dispute over the vesting of land under the Kerala Private Forests (Vesting and Assignment) Act, 1971. The respondent, Popular ...

Supreme Court

Supreme Court Upholds NGT Order Quashing Environmental Clearance for Peripheral Ring Road Due to Stale EIA Data. Primary Data Collected Over Three Years Before Submission Invalidates Clearance Under EIA Notification 2006.

17 Mar 2020

The appeal arose from a judgment of the National Green Tribunal (NGT) dated 8 February 2019 quashing the Environmental Clearance (EC) granted to the B...

High Court

High Court of Bombay at Nagpur Quashes Confiscation of Vehicles and Timber Under Indian Forest Act, 1927 — Lack of Mens Rea and Bona Fide Possession Established. The court held that confiscation under Section 61-A requires proof of intentional violation of the Act, and where the owner had a valid transit pass and permission, the confiscation order was unsustainable.

4 May 2019

The petitioners, Syed Burhan Syed Nabi, Sk. Kadir Sk. Vazir, and Mahendra Anil Madipal, filed a criminal writ petition under Article 226 of the Consti...

High Court

Bombay High Court Holds Writ Petition Maintainable Against Sessions Judge's Order Under Indian Forest Act, 1927 Despite Finality Clause. Finality Clause Under Section 61G Does Not Bar Constitutional Remedy Under Article 226 of the Constitution of India.

9 Jan 2018

The petitioner, Forest Development Corporation of Maharashtra Limited (FDCM), filed a criminal writ petition challenging an order dated 01/08/2017 pas...

High Court

Bombay High Court Sets Aside Cryptic Rejection of Forest Rights Claim, Remands for Fresh Consideration Under Forest Rights Act, 2006. District Level Committee Cannot Reject Claim Without Reasons After Lower Committees Approved It, Requiring It to Record Reasons and Not Demand Inapplicable Certificates Under Section 6.

10 Apr 2017

The case involved a claim under the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, a legislation aim...

High Court

Bombay High Court Holds Civil Court Cannot Regularise Encroachment on Forest Land in Contravention of Forest (Conservation) Act, 1980 — Government Resolution of 1979 Cannot Override Section 2 of the Act.

17 Jan 2013

This is a reference made by the Joint Civil Judge, Junior Division, Kannad under Section 113 of the Code of Civil Procedure, 1908, seeking answers to ...

Supreme Court

Supreme Court Upholds Surety's Discharge Under Section 141 of Indian Contract Act When Creditor Parts with Security. Surety Discharged as State Lost Security by Allowing Removal of Forest Produce Without Full Payment, Extinguishing Subrogation Rights.

5 Sep 1966

The dispute arose from a forest contract auction conducted by the Divisional Forest Officer, Hoshangabad Division, for the sale of felled trees. One J...

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