SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1994 Supreme(Guj) 328

K.J.VAIDYA
Chandubhai Motibhai Patel – Appellant
Versus
Deputy Conservator of Forest, Rajpipla – Respondent


Advocates Appeared: H.M.PAREKH, P.S.CHAMPANERI

K. J. VAIDYA, J.

( 1 ) THIS petition raises three important questions centering around the interpretation of Section 61-B and Section 61-D of the Indian Forest (Gujarat Amendment) act, 1963 (for short "the Forest Act") for our consideration. They are :-FIRSTLY, Whether irrespective of the facts and circumstances of the case, no order confiscating any offending vehicle under Section 61-A of the Forest Act, can ever be passed save and except after giving notice in writing to its registered owner as envisaged in proviso to Section 61-B (1) of the Forest Act ?secondly, whether any third person claiming himself to be a registered owner not a party to the initial proceedings before the authorities constituted under the Forest act by whom the truck in question ultimately came to be confiscated under section 61-A of the Act, stricto sensu can be said to be an "aggrieved party" deriving any right under Section 61-D of the Act to appeal to the Sessions Court to challenge the impugned order of confiscation ?thirdly, if indeed it is ultimately concluded that such a third person at this stage of proceedings cannot be said to be an "aggrieved person" under the Forest act, and accordingly having













Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top