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1 - 10 of 13 (0.26 seconds)Article 226 in Constitution of India [Constitution]
Section 52 in Indian Forest Act, 1927 [Entire Act]
Article 227 in Constitution of India [Constitution]
Section 33 in Indian Forest Act, 1927 [Entire Act]
Section 41 in Indian Forest Act, 1927 [Entire Act]
Section 42 in Indian Forest Act, 1927 [Entire Act]
The Special Courts Act, 1979
Md.Ekramul Haque & Ors vs The State Of Bihar & Ors on 27 August, 2014
It is well settled law that once the confiscation proceeding is
Patna High Court CWJC No.7815 of 2017 dt.06-03-2018
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initiated and such initiation is brought to the notice of the Magistrate by the Forest
Department authority, the jurisdiction of any other Court gets ousted. This Court is of
the view that the discretionary jurisdiction under Articles 226 and 227 of the
Constitution of India has to be exercised in special circumstances and for good
reasons. The same cannot be exercised for making the provision under the Special
Act otiose and redundant, as has been held by a bench of this Court in the case of
Enamul Haque and Ors. Vs. State of Bihar and Ors. and analogous cases reported in
1995(2) PLJR 153.