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Guna Alias Koonumuthu and Others Vs. State of Karnataka and Another

Court : Karnataka

Reported in : ILR2000KAR3233; 2000(6)KarLJ1

..... apart from committing numerous crimes in the cases in which offences under the terrorist and disruptive activities (prevention) act, 1985 (for short, the 'tada act') are involved, they are said to have attacked police patrolling parties as also police stations by planning and ..... would prejudice the prosecution case and whose liberty may prove to be menace to society in general and to complainant and prosecution witnesses in particular; (b) other under-trials whose overt acts or involvement directly attract sections 3 and or 4 of the tada act; (c) under-trials who are roped in, not because of any activity directly attracting sections 3 and 4, but by virtue of section 120b or 147 of the indian penal code; ..... observed:'no doubt, liberty of a citizen must be zealously safeguarded by the courts; nonetheless the courts while dispensing justice in cases like the one under the tada act, should keep in mind out only the liberty of the accused but also the interest of the victim and their near and dear ones and above all the ..... and comity of courts require that the high courts should refrain from exercising their jurisdiction in entertaining bail applications in respect of an accused indicted under the special act, since this court has jurisdiction to interfere and correct the orders of the high courts under article 136 of the constitution'.18. ..... is that veerappan and his gang were involved in sandalwood smuggling and elephant poaching activities in the states of karnataka and tamil nadu. .....

Sreekumar Vs. Travancore Devaswom Board

Court : Kerala

Reported in : 2005(1)KLT43

..... the board is of the view that its financial position may not permit to accept more animals from the devotees, they shall stop accepting them.4) the board shall also ensure that the elephants which are sent to various temples at the time of festivals are not overburdened and also that they are looked after well in the respective temples wherever they are sent.writ petitions are ..... in the course of the enquiry the learned district judge had found that the elephant which met with the tragic end was not put in a stable constructed as per the ..... have been filed to bring to the notice of this court that an elephant by name manikantan, which was offered to sree vallabha temple, thiruvalla was ..... above rules also stipulates that the stable (tethering place) where the elephant is kept must have a clean and healthy environment with sufficient shade ..... corrugated iron sheets or asbestos sheets are used for roofing of elephants stables, they should be covered with gunny bags, grass, ..... attract the provisions of prevention of cruelty to animals act.8. ..... to sub-clauses 2 to 12 of rule 5 of the captive elephants (management and maintenance) rules, 2003 (kerala).3. ..... to the petitioners, the elephant died because no proper care was taken and that the elephant was not properly treated ..... stated in paragraph 31 thus: 'it is already pointed out that there is only one veterinary officer attached to the travancore devaswom board for the check-up and treatment of about 50 elephants in the various temples of the devaswom. .....

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. .....

Jagneswar Sen Gupta Vs. Gopal Chandra Saha

Court : Guwahati

..... a responsible officer like the collector and district magistrate of tripura who is the administrator of the agartala municipality has been guilty of deliberately antedating a written consent required under section 20 of the prevention of food adulteration act in order to see that the prosecution against the respondent herein which was originally instituted without such a written consent should not fail on the ground of want of sanction.the respondent himself did ..... public by storing one brand of mustard oil in the tins of other manufacturers will in any way affect the question of the respondent's liability under section 7 of the act.the learned sessions judge was of opinion that the policy of the act was to prevent the sale and storing of articles of food unless they were of a certain standard of purity, that as the mustard oil in the present case was not examined ..... what was argued before the magistrate was that under section 20 of the prevention of food adulteration act, the written consent of the administrator, agartala municipality was not sufficient as he was not the local authority or a person authorised ..... contained the embossed marks, of 'deer brand' mustard oil, 4 of 'ghani brand, 3 of 'sakhi brand', 3 of 'bottle brand', 1 of 'narayan brand' and 1 of 'elephant brand'.on 17-4-1958 he applied to the administrator agartala municipality for written consent to institute proceedings against the two persons as required under section 20 of the prevention of food adulteration act. .....

Suo Motu Vs. the State of Karnataka Represented by the Chief Secretary ...

Court : Karnataka

..... the state government and the central government to take the impugned issue seriously; study, investigate, collect materials and furnish a report by 14.11.2008 as to the cause for the death of elephants, the lapse on the part of the authorities concerned, the action taken against them for such lapses, if any, the remedial measures proposed to be taken to prevent such disaster in future, the precautions to be taken to protect the wildlife, etc.5. ..... prevention of unnatural death of elephants as well as other wildlife ..... act, 2002, and among them the member secretary, karnataka state legal services authority, who shall file periodical report before the high court legal services committee and the karnataka state legal services authority at least once in three months, for their constant monitoring, as to the implementation of short-term and long-term measures framed and proposed to be framed, as undertaken by the government referred to above, for conservation of elephants and ..... behalf of the state as well as assisting the court, placing reliance on the report dated 17.4.2009 and elephant landscape dated 11.3.2009 submits that the state of karnataka would make all sincere efforts for conservation of elephants and to prevent any unnatural death of elephants. .....

Hospitality Association Of Mudumalai Vs. In Defendent Of Environment A ...

Court : Supreme Court of India

..... the high court also directed the state to strictly adhere with the provisions of the scheduled tribes and other traditional forest dwellers (recognition of forest rights) act, 2006 and in case any forest dwellers are evicted from the elephant corridor, they be provided alternate accommodation or compensation as per the procedure contemplated under law.22. ..... rajendran, filed writ petition no.10098 of 2008 before the madras high court seeking issuance of a writ of mandamus directing the official respondents therein to keep the elephant corridors free from encroachment and to prevent any other disturbances to the free movement of elephants and other animals. ..... herds of roaming elephants play several important roles in the ecosystem: (i) landscape architects: elephants create clearings in the forest as they move about, preventing the overgrowth of certain plant species and allowing space for the regeneration of others, which in turn provide sustenance to other herbivorous animals. ..... it was further contended that on the strength of the order dated 02.02.2009 in writ petition no.10098 of 2008, the district collector had directed them to stop the cultivation of these lands and that they were being prevented from collection of minor forest produce and grazing their cattle. .....

Dr. Manilal V. Valliyate and Another Vs. State of Maharashtra Through ...

Court : Mumbai

..... nos.2 and 4 as to what steps have been taken by them pursuant to the oft repeated promises of setting up the elephant care centre after the offer was first made in 2012, a submission is made across the bar that the land which was in contemplation for the care of elephant health centre is under control of an administrator and that unless the competent authority passes appropriate orders permitting use of the said ..... are made:- (i) that the living space and environment is to be immediately enlarged by closing 40 to 50 acres of available land near the jyotiba temple; (ii) protected contact enclosures (pce) is to be created where the elephants may be allowed walk freely, with no chains for a minimum of 20 hours a day; (iii) sunder may be housed in a pce instead of chaining during musth period. ..... this court recorded that the report submitted indicates that attempts made for shifting the elephant to bengaluru were not possible due to the elephant being non co-operative and the matter was directed to be placed for final ..... apropos the ownership of the elephant, we find that the petitioner has already taken up the issue of ownership and a complaint dated 3rd september, 2012 for violation of section 42 of the act is pending before the appropriate authority, we do not propose to grant any relief at this point, except to request the authority to consider the ..... no reason to prevent sunder from being ..... petitioner is charitable organization set up inter alia for prevention of cruelty to animals. .....

F.T. Kingsley Vs. the Secretary of State for India in Council

Court : Kolkata

Reported in : AIR1923Cal49,72Ind.Cas.270

..... have made during this period on this basis, which ignores the funda.1 mental principle of the law of compensation formulated by the roman jurist cessans, damnum emergens--loss suffer, gain prevented-the subordinate judge has allowed the plaintiff a refund of the license-fee during this period and the expends incurred in connection with the stockades this he has assessed at rs. ..... his grievance was three-fold; first, the operations were delayed by reason of the failure of the defendant to provide him with the requisite passport; secondly, the removal of captured elephants was hindered by reason of wrongful refusal of the officers of the forest department to accept the prescribed royalty and to issue, the transit passes; and thirdly, that the depot at hail ..... prepared to disagree with the subordinate judge that there were extensive accidental fires in addition to the departmental fires, and that the evidence does not establish that the elephants, and if so, how many, were in fact scared away by the departmental fires or that the fodder was destroyed thereby, and if so, to what extent ..... in the case before us, the plaintiff has proved that he has on an average captured one elephant per stockade per week, which would make six elephants in two weeks in the three stockades concerned; on this basis, he urges that the damage should be calculated on the ..... tiff was that he could not catch as many elephants as he would have done, but for the wrongful acts of the officers of the defendant. ..... 1879 .....

Indian Handicrafts Emporium and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR2003SC3240; 2003(5)ALD39(SC); 106(2003)DLT350(SC); JT2003(7)SC446; 2003(6)SCALE831; (2003)7SCC589

..... animal article, trophy or uncured trophy] derived from such animal or salted or dried skins of such animal or the musk of a musk deer or the horn of 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 place where such animal ..... chapter va and section 38j)]] or any rule or order made thereunder or who commits a breach of any of the conditions of the any licence or permit granted under this act, shall be guilty of an offence against this act, and shall, on conviction, be punishable with imprisonment for a term which may extend to [three years] or with fine which may extend to [twenty-five thousand rupees] or with both:provided that where ..... secondly, it was apparent that the draftsman and parliament had by inadvertence overlooked, and so omitted to deal with an eventuality that required to be dealt with if the purpose of the act was to be achieved; and thirdly, it was possible to state with certainty what were the additional words that would have been inserted by the draftsman and approved by parliament had their ..... preventive measures as regard poaching leading to killing of elephants for the purpose of extraction of their tusks is a difficult task to achieve and, thus, the parliament must have thought it expedient to put a complete ban in trade in ivory to meet the .....

Nellikka Achuthan Vs. the Deshabhimani Printing and Publishing House L ...

Court : Kerala

Reported in : AIR1986Ker41

..... legislation include the madras wild elephants act 1873 and the elephants preservation act 1879 among others. ..... observed by the court below, he should have been careful in his movements when he is around an area where a rogue elephant was moving around, when he had previous information about its movements.14, in a sense, even if he had shot down the elephant under justifiable circumstances, that will not basically alter the nature of his subsequent action in the removal of the tusks. ..... to the plaintiff, he had taken to his house the tusks of the dead elephant so as to prevent pilferage of the same by others. ..... 'there cannot be any doubt that his intention was to appropriate to himself the tusks of the elephant having regard to the circumstances, the inference that a dishonest intention motivated his action cannot therefore be found to be ..... to inform the forest authorities or the police authorities earlier about the danger posed by the wandering wild elephants is justifiably taken as a relevant factor to decide upon his intention in the removal of the tusks. ..... contained in the paper reports -- it would be necessary to advert to the provisions of the i penal code, particularly the definition of 'theft' as contained in section 378, penal code.considerable arguments were advanced on the question whether a wild elephant, when shot down while in the plaintiffs estate, would be property belonging to the government. ..... story put forward is that he wanted to prevent theft of the same by strangers. .....