Court : Kerala
Reported in : AIR1962Ker10
s. velu pillai, j. 1. the petitioner, who is the lessee of an estate in malabar and at whose instance a cattle-pound was established with the sanction of the district collector accorded under section 4 of the cattle trespass act, 1871, seeks to quash ext. p-7, by which the collector ordered its abolition. it appears, that on complaints received, a notice, ..... the executive government with which it is not competent for the civil court to interfere'.there is nothing in the provisions of the cattle trespass act to indicate, that the collector was exercising anything other than executive power and on this ground, this petition is bound to fail.3 the objection taken on the merits ..... , by the petitioner's counsel was, that remedies have been provided by chapter v of the aforesaid act, and that therefore the abolition of the pound was not warranted. chapter v deals with illegal seizure or detention of cattle, but on a perusal of ext. p-6 it is seen, that although the charges are, for the .....
Tag this Judgment!Court : Mumbai
Reported in : (1967)69BOMLR801; (1968)ILLJ222Bom; 1968MhLJ71
..... the suit in this respect also was not tenable. the district judge, who upheld the defence so far as this issue was concerned, observed that under the cattle trespass act, the pounds are to be under the control of the district magistrate to be established at such places subject to the control of the local government from time ..... to which activity this claim can be made. 8. at a very early stage a statute called the cattle trespass act, 1871, came to be put on the statute book of this country. the act made provisions for establishment of cattle-pounds and appointment of pound-keepers which was enjoined as a statutory duty on a magistrate of the district ..... . the magistrate of the district was required under s. 4 of the cattle trespass act, 1871, which was an all-india statute, to establish cattle-pounds at such places as may be desired from time to time. it would be difficult to hold that where the cattle trespass act still operates, this activity of the district magistrate is in the nature of .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1966Guj221; 1966CriLJ994; (1966)0GLR357
..... such thing. the law on the point which we discuss hereafter would not be of any help to him in the circumstances of the case. now the words 'trespassing and doing damage' occurring in section 10 of the cattle trespass act, were interpreted in the case of bhagwant rao v. champat rao air 1926 nag 50, as giving a right to seize the ..... there in his field when the appellant went there, it was said that he had a right to seize those cattle and take them to the cattle-pound under section 10 of the cattle trespass act and it was when the deceased karamshi chose to obstruct or not allow him to take them away that the quarrel had taken place. now the fact ..... defence5. with regard to the first part of the version, sections 10 and 24 of the cattle trespass act were referred to by mr. shukla section 10 of the act provides that'the cultivator or occupier of any land, may seize or cause to be seized any cattle trespassing on such land and doing damage thereto or to any crop or produce thereon, and send .....
Tag this Judgment!Court : Supreme Court of India
Reported in : II(2010)BC173,[2010]155CompCas1(SC),[2010]98SCL424(SC),2010(3)LC1300(SC)
..... has been defined under section 2(n) as follows:2(n) 'offence' means any act or omission made punishable by any law for the time being in force and includes any act in respect of which a complaint may be made under section 20 of the cattle- trespass act, 1871 (1 of 1871); 34. on a comparison of the aforesaid two definitions we ..... find that there are common links between the two. an offence would always mean an act of omission or commission which would be punishable by any law for the time ..... 53. these principles, enunciated by maxwell, have been quoted with approval by the supreme court in its constitution bench judgment in union of india v. sukumar pyne : air 1966 sc 1206 at p. 120954. for the reasons discussed above, this court is constrained to quash the order of the appellate tribunal and upholds the order of the chairman of .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(2)ALLMR110; 2007(1)BomCR329
..... the 1997 slum rehabilitation amendment. the dc regulation 1991:i. 13th january, 1977: the bmc, which is the planning authority under the maharashtra regional and town planning act, 1966 ('the mrtp act'), declared its intention to revise the development plan for the city of mumbai. ii. during the next six years the work of revision of the ..... next development plan will have to be brought into force. 20. on behalf of other respondents it has been submitted as under:the maharashtra regional & town planning act, 1966 ('the mrtp act') has been enacted by the state government under its powers to make provisions in relation to land & social planning as per schedule vii -item 18 ..... on behalf of the petitioner therein was that the development control regulation 1991 are rules, within the meaning of section 158 of the m.r.t.p. act, 1966 and cannot be brought into operation unless they are laid before each house of the state legislature. that contention was rejected. the second contention which was urged .....
Tag this Judgment!Court : Gujarat
Reported in : (1967)0GLR167; (1968)ILLJ160Guj
..... in the khata of patan daba through oversight. then he went on to urge that the work that was being taken from his was against the provisions of the cattle trespass act and concluded by stating that full amounts have been credited but there may be a mistake in the writing of dates and, therefore, the dates cannot be reconciled and ..... to the municipality in october-november, 1953, it came to the notice of the municipality that there were numerous irregularities of a serious nature in the working of the cattle-pound of the municipality. the plaintiff was, therefore, suspended by the municipal president by an order dated 20 january, 1954 and was required to remain present before the ..... aware of what the municipality proposed to do if the offence was proved. 53. second appeal no. 307 of 1960 54. the plaintiff in this case was a temporary cattle-pound keeper in the employ of the municipality. he joined service in october, 1947 on a pay of rs. 15 plus dearness allowance of rs. 20. from august, .....
Tag this Judgment!Court : Karnataka
Reported in : 1997(1)ALT(Cri)688; [1998]93CompCas826a(Kar); [1998]93CompCas933(Kar); 1997CriLJ1274; ILR1997KAR1014; 1997(2)KarLJ63
..... omission made punishable by any law for the time being in force and includes any act in respect of which a complaint may be made under section 20 of the cattle trespass act, 1871. turning to the facts of the present case, the act of issuing a cheque, its dishonour and omission to make payment of the amount despite notice ..... under section 138(b) of the act, matures into an offence on the 16th day after the service ..... and jmfc, hadagali, district of bellary in a criminal case instituted on a private complaint by the second respondent for an offence under section 138 of the negotiable instruments act, 1881, is challenged in this revision petition. 2. the revision petitioner is the accused. the second respondent is the complainant and the first respondent is the state .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1979SC478; (1979)1SCC380; [1979]2SCR476
..... is correlated to clause (4) of section 2 which defines 'offence' to mean any act or omission made punishable by any law for the time being in force including any act in respect of which a complaint may be made under section 20 of the cattle-trespass act. section 6 of the code does not therefore justify the creation of special courts of ..... the nature contemplated in the bill, and the argument to the contrary is quite untenable.162. a reference to section 6 of the criminal law amendment act, 1952, is equally futile. while that section ..... up by the constitution, and is a serious inroad on the independence of the judiciary.175. reference in this connection may be made to liyanage and ors. v. regina [1966] 1 all e.r. 650. in that case, the appellants were not tried by a judge and jury in accordance with the normal procedure, but by three judges of .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1971Guj1; 1971CriLJ41; (1971)0GLR105
..... clause (0) of the code defines `offence' as under: -'offence' means any act or omission made punishable by any law for the time being in force; it also includes any act in respect of which a complaint may be made under section 20 of the cattle-trespass act, 1871.'it is therefore, evident that the definition of the word, `offence' includes an ..... act or omission made punishable even by special law an not only an act or omission punishable under the indian penal code the general law.11. section 5 of the code reads ..... the view that i propose to take. but on critical examination, it appears that that is not the correct position. section 20 of the prevention of food adulteration act (act no. 37 of 1954), sub-section (2) reads:-'no court inferior to that of a presidency magistrate or a magistrate of the first class shall try any .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(3)MhLj881
..... section 42 the present acquisition must fail. we are not at all impressed by the said argument. firstly, the acquisition proposed under the m.r.t.p. act, 1966 is not in respect of an individual plot and it is for the entire planned development of the new town. secondly, the scheme under section 21 has ..... area.' (emphasis supplied)28. thus, even in cases where the notification is issued under section 40 of the town planning act, 1966, a power to acquire the land under the provisions of the land acquisition act, 1894 is specially saved and conferred on the special planning authority under the provisions of section 116 as amended by section ..... power of acquisition vested in the state government is an independent power both under the town planning act, 1966 and the land acquisition act still power to acquire can be exercised independently even on an interpretation of the provisions of the mrtp act, 1966, thus the argument of the learned counsel for the petitioner will have to be rejected. .....
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