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Kuppathode Madhavan Nair and ors. Vs. the State of Kerala and ors.

Court : Kerala

Reported in : AIR1964Ker287

..... be a convenient stage to refer to the provisions of the madras wild elephants preservation act, 1873, madras act i of 1873, as well as the provisions in the elephants preservation act, central act vi of 1879. ..... therefore, it will be seen from the scheme of the madras act, referred to above, that its object was to prevent indiscriminate destruction of wild elephants, and that a licence was necessary under section 3-a of the said act only to shoot wild female elephants, whether it be on the property of the government or private ..... second or subsequent offence under this section shall be liable to double the punishment mentioned above :provided that nothing in this section shall be deemed to prevent any person from killing or wounding any wild elephant in defence of himself or of any other person or property :provided further that any person killing any wild elephant in defence of himself or of any other person or property, shall immediately report the matter to the nearest police or forest officer and also take ..... , the said provision clearly says that the various provisions in the act shall not be deemed to prevent such owner from shooting or destroying wild male elephants on bis waste or forest lands.18. ..... the preamble to the said act states that it was found expedient to make provision to prevent the indiscriminate destruction of the wild elephants, within the presidency of ..... will be seen that the object of the statute itself was to prevent the indiscriminate destruction of wild elephants. .....

V.K. Venkitachalam Vs. State of Kerala, represented by its Principal S ...

Court : Kerala

..... to issue, a writ, direction or order in the nature of mandamus commanding the respondents 2 and 3 to take all measures against the parading or exhibiting of elephants in violation of performing animals (registration) rules, 2001 and the prevention of cruelty to animals act, 1960 in accordance with law. ..... such other relief's which this hon'ble court deems fit and necessary in the circumstances o the case and the costs of this case so as to prevent cruelty to the elephants and for the effective implementation of the provisions of prevention of cruelty to animals act, 1960. 5. ..... once the exhibition of the specified five animals is prohibited under sub-section (ii) of section 22 of the act on the ground of prevention of infliction of unnecessary pain or suffering by the circus, the same yardstick would have to be applied in the case of a person who exhibits or trains animals for a show where the public is invited without the sale of tickets. ..... brief facts of the case emerge from the pleadings of the parties are: the petitioner, claiming concern for the protection of elephants and their well-being, has filed this public interest litigation for implementation of the performing animals (registration) rules, 2001(hereinafter referred to as '2001 rules') which has been framed under section 38(1) and (2) of the prevention of cruelty to animals act, 1960 (hereinafter referred to as '1960 act'). 3. .....

ivory Traders and Manufacturers Association Vs. Union of India

Court : Delhi

Reported in : 1997IIIAD(Delhi)333; 2(1997)CLT273; 67(1997)DLT145; 1997(42)DRJ131

..... the functionaries of the wild life department of the concerned states can prevent illegal hunting of elephants and there is no good reason to ban the sale of ..... of the citizens affected thereby and the larger public interest sought to be ensured in the light of the object sought to be achieved, the necessity to restrict the citizen's freedom, the inherent pernicious nature of the act prohibited or its capacity or tendency to be harmful to the general public, the possibility of achieving the object by imposing a less drastic restraint, and in the absence of exceptional situations such as the prevalence of ..... citizen has a fundamental right to trade in ivory or ivory articles, whether indigenous or imported; (2)assuming trade in ivory to be a fundamental right granted under article 19(1)(g), the prohibition imposed thereon by he impugned act is in public interest and in consonance with the moral claims embodied in article 48a of the constitution; and (3)the ban on trade in imported ivory and articles made there from is not vocative of article 14 of ..... of 10 years or more without interest, the supreme court, upholding the constitutionality of the legislation, held as follows : 'therefore,when we look at the provision in sub-section (2) of section 14 of the act in the light of the observations of this court, made in fatechchand and other decisions adverted to by us, we find that the legislature of gujarat which had a human problem of saving the poverty-stricken debtors from .....

M/S. Ivory Traders and Manufacturers Association and Other Vs. Union o ...

Court : Delhi

Reported in : AIR1997Delhi267b; ILR1997Delhi22

..... the functionaries of the wild life department of the concerned states can prevent illegal hunting of elephants and there is no good reason to ban the sale of imported ..... or more without interest, the supreme court, upholding the constitutionality of the legislation, held as follows (page 16 of air) :'therefore, when we look at the provision in sub-section (2) of section 14 of the act in the light of the observations of this court, made in fatehchand and other decisions adverted to by us, we find that the legislature of gujarat which had a human problem of saving the poverty-stricken debtors from ..... no citizen has a fundamental right to trade in ivory or ivory articles, whether indigenous or imported; (2) assuming trade in ivory to be a fundamental right granted under article 19(1)(g), the prohibition imposed thereon by heimpugned act is in public interest and in consonance with the moral claims embodied in article 48a of the constitution; and (3) the ban on trade in imported ivory and* articles made there from is not vocative of article ..... the citizens affected thereby and the larger public interest sought to be ensured in the light of the object sought to be achieved, the necessity to restrict the citizen's freedom, the inherent pernicious nature of the act prohibited or its capacity or tendency to be harmful to the general public, the possibility of achieving the object by imposing a less drastic restraint, and in the absence of exceptional situations such as the prevalence of .....

Apurba Ballav Goswami Vs. State of Assam and ors.

Court : Guwahati

..... : (2000)8scc710 , which arose out of an order permitting withdrawal from prosecution of a number of accused under the terrorist and disruptive activities (prevention) act, ('tada') following a demand from veerappan, an alleged poacher of elephants and smuggler of ivory and sandalwood, a three judge bench observed and held, thus, 'the law, therefore, is that though the government may have ordered, directed ..... made by the special public prosecutor before the designated court at mysore submitted that the special public prosecutor had decided to withdraw from prosecution the charges under the tada act 'in order to restore the peace and normalcy in the order area and among the people living in the border area and to maintain peace among the public ..... give consent if it is satisfied after considering all the materials, that the public prosecutor has applied his mind independently thereto, that the public prosecutor, acting in good faith, is of the opinion that withdrawal from the prosecution is in the public interest, and that such withdrawal will not stifle or thwart the process of law ..... or(iii) involved the misappropriation or destruction of, or damage to, any property belonging to the central government, or(iv) was committed by a person in the service of the central government while acting or purporting to act in the discharge of his official duty,and the prosecutor in charge of the case has not been appointed by the central government, he shall not, unless he has been permitted .....

Rajendra Kumar Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Reported in : AIR1998Raj165; 1998(1)WLC277

..... impossible, to immediately distinguish between the two types of raw materialand after going through till these aspects, the practical position, dwindling of the number of elephants despite the ban on the elephants ivory and to prevent further poaching, the government of india had ultimately banned the import of unmanufactured ivory as well for local trade and manufacturing in imported ivory which includes ..... history of wild life protection, staling there firstly the animal protection act of 1912 was promulgated which merely concerned to prevent the killing of wild birds and animals and later on for a comprehensive and practical legislation to protect the indian wild life, the present wild life (protection) act, 1972 was enacted with the statement of objects inter alia as ..... of ivory including the mammoth ivory and in order to achieve the purpose for which the amending act has been enacted by including the imposition of ban on trade in imported ivory of all descriptions whether drawn from mammoth or elephant and for the salutary purpose of protection of indian elephant, no fault can be found in the action of the state and no declaration can be handed ..... to be government property -- (i) everyxx xx xx xx(c) 'ivory imported into india and an article made from such ivory in respect of which any offence against this act or any rule or order made thereunder has been committed :xx xx xx xxshall be the property of the state government and, where such animal is hunted in a sanctuary .....

Shaikh Zahid Mukhtar and Others Vs. The State of Maharashtra and Other ...

Court : Mumbai

..... the slaughter of elephants had been totally prohibited in india from the year 1980 under the provisions of wild life (prevention) act, 1972 187. ..... the validity of the provision which banned import was upheld on the ground that it was necessary to do so with a view to prevent poaching of elephants in india. ..... the statement of objects and reasons of the amendment act is completely silent as regards the necessity of enacting the drastic provision of section 5d which prevents a person from possessing flesh of any cow, bull or bullock lawfully slaughtered outside the state of maharashtra. ..... he submitted that the animal preservation act and the prevention of cruelty to animals act, 1960 operate in completely independent legislative fields. ..... by pointing out the provisions of the prevention of cruelty to animals act, 1960, he urged that even the said act specifically permits slaughter of animals for food. 44. ..... if the state starts making intrusion into the personal life of an individual by preventing him from eating food of his choice, such act may well affect his personal liberty. ..... preventive measures as regards poaching leading to killing of elephants for the purpose of extraction of their tusks is a difficult task to achieve and, thus, parliament must have thought it expedient to put a complete ban on trade in ivory to meet the requirement of the country. ..... he submitted that the prevention of cruelty to animals act has been enacted under entry 17 of the concurrent list. .....

State of Bihar Vs. Murad Ali Khan and ors.

Court : Supreme Court of India

Reported in : AIR1989SC1; 1988(1)BLJR37; 1989CriLJ1005; 1988(3)Crimes822(SC); JT1998(4)SC124; 1988(2)SCALE933; (1988)4SCC655; [1988]Supp3SCR455

..... , whether known or unknown, has committed an offence.it is trite that jurisdiction under section 482, cr.p.c, which saves the inherent power of the high court, to make such orders as may be necessary to prevent abuse of the process of any court or otherwise to secure the ends of justice, has to be excised sparingly and with circumspection. ..... this would be clear from the language of the sub-section which uses the words 'where such contempt is an offence' and does not say 'where the act alleged to constitute such contempt is an offence'....it is, however, unnecessary to explore the possibilities of this contention as indeed there has been admittedly no prior conviction and ..... , of any value or any animal of the value of fifty rupees - whoever commits mischief by killing, poisoning, maiming or rendering useless, any elephant, camel, horse, mule, buffalo, bull, cow, or ox, whatever may be the value thereof, or any other animal of the value of fifty rupees or upwards, shall be punished with imprisonment of either description for a ..... the tusk in a few days' time but did not disclose the place where he had sent the tusk at lucknow....the complaint further proceeds to say that elephant is included in the schedule 1 of the wild life (protection) act, 1972, and that the complainant was authorised by the bihar government's notification no. ..... slp 1879 of 1987 is by the state of bihar for special leave under article 136 of the constitution to appeal from the order dated 13-2-1987 of the high .....

V.K. Venkitachalam Vs. State of Kerala, Represented by Its Secretary, ...

Court : Kerala

..... and others versus union of india,reported in 2007 (4) khc 140requires reconsideration, with reference to the mandate of the wildlife (protection) act, 1972, [as amended in the year 2003 by act 16 of 2003] [hereinafter referred to as the act] governing the transfer of captive animals, particularly captive elephants in the state of kerala, is the basic question to be considered in these writ petitions filed as public interest litigations by the ..... (4) khc 140(cited supra), necessary guidelines have been issued in respect of sale, transfer and other dealings involving changing of hands of captive elephants, until amendment is made by the central government to sec.43 of the wildlife (protection) act, 1972, as proposed from their side in the earlier round of litigation and also as observed by this court in the order dated 27.10. ..... animal or salted or dried skins of such animal or the musk of a musk deer or the horn or a rhinoceros, shall, within thirty days from the commencement of this act, declare to the chief wild life warden or the authorised officer the number and description of the animal or article of the foregoing description under his control, custody or possession and the ..... will be strictly complied with in respect of : (i) housing of elephants, (ii) care of elephants, (iii) feeding of elephants, (iv) work load of elephants, (v) norms and standard of transportation, (vi) retirement of elephants, (vii) cutting of tusks ; and, (viii) prevention of cruelty to elephants. 12. .....

Chaudhury Bejoy Krishna Deb Vs. Thakur Shyam NaraIn Singh

Court : Kolkata

Reported in : AIR1940Cal30

..... capacity of a magistrate; he considers that the district magistrate's order was without jurisdiction and he argues that because a district magistrate derives his powers principally from the criminal procedure code, he may be presumed to be acting under the criminal procedure code, or, in other words, all his orders may be presumed to be judicial rather than executive and his conclusion is that such orders are liable to revision by the high court under. ..... the learned judge there says:when the criminal procedure code authorizes the making of orders by executive authorities with the view of preventing a breach of the peace or for similar purposes it has always been held and is now enacted in the existing cods, that the propriety of such orders is not a matter of question in that state of things ..... not in any way been altered or prejudiced by the magistrate having said that the captor of the elephant would make the elephant over to the owner upon the latter depositing the sum which the magistrate thought fair. ..... the learned district magistrate granted leave pending an inquiry, and the fact that the elephant was found was advertised, and the district magistrate at once wrote to the chief secretary to the government of bengal stating the facts and ..... judge then sets out his reasons for saying that no appeal lay under section 523, because the seizure of the elephant was not by a police officer, nor was the elephant captured in circumstances creating suspicion of the commission of any offence. .....