Judgment Search Results Home > Cases Phrase: elephants prevention act 1879 Sorted by: old Court: kerala Page 1 of about 59 results (0.070 seconds)

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. .....

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. .....

V.K. Thomas Vs. the Revenue Board Member (L.R.)

Court : Kerala

Reported in : 1988CriLJ336

..... other law for the time being in force from acquiring, having in his possession or carrying any arms or ammunition, or(2) to be of unsound mind, or(3) to be for any reason unfit for a licence under this act; or(ii) where the licensing authority deems it necessary for the security of the public peace or for public safety to refuse to grant such licence.the licensing authority has an added right to withhold reasons for the refusal in ..... if there is a distinct threat to the wild life entitled to statutory protection (the schedule to the wild life act is fairly long and exhaustive about the species for whom the protective cover is now 'extended) by a possible abuse of the arms licence to be granted, the authorities will be justified in declining the ..... the prevention of crime act, 1953, prohibited possession of offensive weapons in a public place without lawful authority or reasonable excuse ..... according to the petitioner, there is illegality and impropriety in the authorities accepting and acting on the representation of the superintendent of police; there has not been any proper application of mind to the relevant ..... open violation of the provisions of the wild life protection act, as is evident from the evidence relating to hunting undertaken by many also goes apparently unnoticed and ..... wild elephants, it had been judicially noticed, were dangerous animals (see makath unni moyi ..... wild elephants, wild boars and the like used to cause devastation of fruits of labour of the hard-working ryots .....

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. .....

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. .....

Raman Vs. Cochin Devaswom Board

Court : Kerala

..... the absence of any finding that the appellant and the co-mahout were negligent at the time of the incident, it is contended by the learned counsel that the board, being the owner of the elephant, cannot recover contribution from the appellant on account of the master-servant sa no.1028/2001 15 relationship then existed. ..... crops up for decision, in the absence of any specific contract, is whether the appellant could claim indemnity against the board for the loss sustained by a third party on account of the act of an elephant owned by the board and kept by the appellant? 17. ..... this case would clearly show that during the initial round of litigation, there was no finding that the mahouts were negligent in handling the elephant or wantonly failed to take proper care of the animal so that the accident could have averted. ..... in order that such a recovery by the employee may be sustained, it must be made to appear that the plaintiff, at the time complained of, was acting for and in the place of his master, in accordance with and representing his master's will and not his own, and that the business which he was doing is strictly that of his ..... 2001 -------------------------------------- dated this the 20th day of may, 2015 judgment caprisoned elephants add charisma and enchantment to many religious festivals and social functions of ..... the board therefore should be prevented from recovering contribution from the appellant as he is entitled to be indemnified under common law principle in respect of .....

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. .....

K.B. Augustine and Another Vs. State of Kerala, to be represented by T ...

Court : Kerala

..... respondents to ensure that the protection of wild life in the forest area especially the endangered species of wild animals mainly elephants, neelgiri tarhs, tigers and leopards and to prevent the destruction of their habitats lying in the forest area earmarked for assignment and extension of lease. 5 ..... should be resumed for the distribution thereof for cultivation and purposes ancillary thereto; be it enacted in the twenty-second year of the republic of india as follows: - the statement of objects and reasons of the kdh act provided as follows:-statement of objects and reasonsact 5 of 1971 by a document dated 11/07/1877, the chief of the poonjar edavagai granted a lease without limit of time to late mr.j.d.munroe of a tract of land known ..... conditions in such provisions as in the kuthakappatam rules, the same cannot whittle down or fetter the assignment of such lands as in the instant case covered by sec.9(1) of the kdh act and its assignment will be fully regulated by the provisions of the kdh act and the rules thereunder, which constitute the special law as far as that subject matter of assignment is concerned ..... 1971, more particularly, secs.3, 4 and 9 thereof, it can be seen that though some of the recitals in the preamble of the act are in very broad and sweeping terms that the act is to provide resumptions of lands other than plantations in the kdh village in devikulam taluk, the non-obstante clause in sec.3(1) is to the effect that it is only subject to the provisions in sec .....

Lakshmanan Vs. Kamal

Court : Kerala

Reported in : AIR1959Ker67

..... the property had been allotted in the partition as the decree-holder had not impleaded him in execution.here, the suit was, from its very inception, a money suit; and section 52 of the transfer of property act could not have been invoked at all by the decree-holder; and for the reasons which we have stated while discussing ilr 14 mad 29, to render an attachment and sale in execution of a decree in a money suit ..... 1943 were not binding on them as they were not made parties to that suit and execution proceedings and as the thavazhi and tarwad had ceased to be in existence after the enactment of the shariat act and the defendants impleaded in that suit could not, therefore, represent the petitioners, that the decree-holders had therefore no right to evict the petitioners, from the properties and recover possession of them, that ..... incidents of a mappila marumakkathayam tarwad.at the time of the hearing of the petitions, the petitioners therefore abandoned their case that their rights in the decree schedule properties were governed by the shariat act and so they should have been made parties to the suit at the execution proceedings and contended that on account of the plaintiff's failure after the execution of the partition deeds, exts. ..... 'and to prevent the injustice of the plaintiff being prejudiced by any act of the defendant subsequent to the institution of ..... case a creditor brought a suit against the karnavan for money borrowed by him for tarwad purposes and obtained a decree in 1879. .....

Parvathi Amma Vs. Makki Amma

Court : Kerala

Reported in : AIR1962Ker85

..... 'the amounts therefore represent the plaintiffs share of the price of an elephant sold in auction, not being concerned with an allocation of shares in partition of any landed property, the amounts cannot be called ..... the power to award owelty has, from the earlier times, been regarded as necessary to the act of partitioning property; and' the parties to a voluntary partition may agree to the payment of owelty in order to equalize the shares allotted; and, where the matter of making the partition is delegated to commissioners, they have the power ..... is not disputed that if the elephant was sold to a third person, and that person be directed to pay the price to the co-sharers proportionately, the amounts that might then be due to each would be debts within the purview of act 31 of 1958. ..... 3,333-5-6 being the plaintiffs' share of the price of the elephant belonging to the tarwad purchased by defendants 1 to 10 at auction ..... there is nothing in the hindu law to prevent a member of a joint family from selling his share to another member of the family, and ext. ..... the word 'debt' is defined in the kerala agriculturists debt relief act thus ; 'debt means any liability in cash or kind whether secured or unsecured, due from or incurred by an agriculturist on or before the commencement of this act, whether payable under a contract or under a decree or order of any court, or otherwise, and ..... charge provided under section 55(4)(b) of the transfer of property act is the vendor's charge for unpaid price. .....