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Krushi Goseva Sangh and anr. Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 1987(3)BomCR713; 1988MhLJ293

..... directive principles of the state policy the maharashtra act ix of 1977 known as the maharashtra animal preservation act, 1976 - (hereinafter referred to as the said act) came to be enacted. ..... the petitioners that at malegaon and several other places in nasik district, flagrant breaches of the provisions of sections 6 and 7 of the maharashtra animal preservation act, 1976 are being committed and no action is being taken by the authorities concerned, thereby making the very provision of the act nugatory. ..... to frame a scheme for effective implementation of the provisions of the maharasthra animal preservation act, 1976. ..... our attention was also drawn by the learned counsel appearing for the petitioners towards the provisions of the bombay animal preservation act, 1984 as amended by the state of gujarat and the decision of the supreme court in haji usmanbhai ..... the age of sixteen years in clauses (c) and (d) of sub-section (1-a) of section 5 can be said to be reasonable, looking to the balance which has to be struck between public interest, which requires useful animals to be preserved and permitting the different appellate before us to carry on their trade and profession.16. ..... constitution of india a provision has been made that- 'the state shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter of cows and calves and other milch and draught cattle .....

Mr. Shaikh Zahid Mukhtar Vs. the Commissioner of Police,

Court : Mumbai

Reported in : 2007(5)BomCR448; (2007)109BOMLR1201; 2007(4)MhLj815

..... all these facts it was contended that the maharashtra animal preservation act, 1976 should be declared unconstitutional.2. ..... files this petition for declaring and quashing the maharashtra animal preservation act, 1976 as unconstitutional. ..... the said judgment was delivered by the constitutional bench of the apex court which was considering the bombay animal preservation (gujarat amendment) act 1994, after the enactment of which there was a complete and total ban on the slaughtering of cows, bulls and ..... further provides that no certificate shall be granted under sub-section (1) if in the opinion of the competent authority, (a) the scheduled animal, whether male or female, is or is likely to become economical for the purpose of draught or any kind of agricultural operations; (b) the scheduled animal, if male, is or is likely to become economical for the purpose of breeding; (c) the scheduled animal, if female, is or is likely to become economical for the purpose of giving milk or bearing off spring. 5. ..... in the state of maharashtra, the restrictions on the slaughter of such animals are not as stringent as the restrictions in the state of ..... that even the prevention of cruelty to animals act, 1960 provided that killing of animal in a manner provided by any religion was not an ..... section 5 of the impugned act there is a complete ban on the slaughter of 'cows' in the state of maharashtra. ..... scheduled animals can be slaughtered subject to restrictions contained in section 6 of the impugned act. .....

Shaikh Zakir Shaikh Nasir, Age 38 Years. Vs. the State of Maharashtra, ...

Court : Mumbai Aurangabad

..... police station has registered offence under cr no.19/2009 against the petitioner for offences under sections 11 (d) (e) (f) of prevention of cruelty to animals act, 1960 and under section 5 (1) 11 of maharashtra animal preservation act,1976 on 13.11.2009 and seized 29 bullocks from the custody of the petitioner and the said first information report is annexed herewith (exh. ..... because as observed by the division bench in para 5 in 1988 mlj page 293 supra, an order pertaining to the custody could not be passed in a manner in which the very object of the act namely protection and preservation of animals and not their slaughter would be defeated. ..... learned counsel for respondent no.2 also canvassed that the rules have been framed under the prevention of cruelty to animals act, 1960 and said rules are known as "the transport of animals rules, 1978", and rule 56 thereof prescribes certain conditions for transportation of cattle by goods vehicle, which more particularly comprises that no goods vehicle shall carry more than six ..... gravity of the offence alleged against the owner ; (2) whether it is the first offence alleged or he has been found guilty of offences under the act earlier ; (3) if the owner is facing the first prosecution under the act, the animal is not liable to be seized, so the owner will have a better claim for the custody of the animal during the prosecution ; (4) the condition in which the animal was found at the time of inspection and seizure ; (5) the possibility of the .....

Gulam HusaIn Khan Mustafa Khan, Age 42 Years, Vs. the State of Maharas ...

Court : Mumbai Aurangabad

..... sindkheda police station has registered offence under cr no.18/2009 against the petitioner for offences under sections 11 (d) (e) (f) of the prevention of cruelty to animals act, 1960 and under section 5 (1) 11 of maharashtra animal preservation act, 1976 and seized 36 bullocks from the custody of the petitioner and the said first information report is annexed herewith (exh 'a' page 11).5. ..... shaikh because as observed by the division bench in para 5 in 1988 mlj page 363 supra, an order pertaining to the custody could not be passed in a manner in which the very object of the act namely protection and preservation of animals and not their slaughter would be defeated. ..... to lives and limbs of the said animals in any manner what so ever till the disposal of the said case.c) the petitioner herein shall not transfer, sale and / or change the nature of the said animals in any manner till the disposal of the case.d) the petitioner herein shall provide the necessary medical treatment / assistance, water and food to the said animals properly and shall maintain and preserve the said animals with care diligently.19. ..... learned counsel for respondent no.2 also canvassed that the rules have been framed under the prevention of cruelty to animals act, 1960 and said rules are known as "the transport of animals rules, 1978", and rule 56 thereof prescribes certain conditions for transportation of cattle by goods vehicle, which more particularly comprises that no goods vehicle shall carry more than six .....

State of Maharashtra Vs. Ram S/O Pandharinath Chidrawar

Court : Mumbai

Reported in : 2007CriLJ827; 2006(4)MhLj508

..... state of maharashtra reported in : 1991(2)bomcr392 in that case, accused had purchased six bullocks and were prosecuted under sections 5 and 11 of the maharashtra animal preservation act, 1976, on the basis of suspicion. ..... the facts, in nutshell, are that : on 5-5-1996 district supply officer, nanded; visited naigaon and inspected premises of m/s pandurang [oil industries belonging to vyankoba pandharinath chidrawar, who was holding a licence under the provisions of maharashtra schedule oil seeds and oils (dealers and millers) licensing order, 1977 (hereinafter to be referred to as the oil seeds and oils (dealers and millers) licensing order, 1977]. ..... the respondent is holding a licence under the provisions of maharashtra oil seeds and oil (dealers and millers) licensing order, 1977 as well as under the maharashtra pulses (dealers and millers) licensing order, 1977. ..... 3) of the offence punishable under section 3 read with 7 of the essential commodities act, 1955 (hereinafter to be referred to as the act).2. ..... on the basis of this report, vyankoba pandharinath chidrawar, ganesh vyankoba chidrawar and present respondent, came to be prosecuted for the offence punishable under section 3 read with section 7 of the act.3. ..... in the present petition, the state has impugned order dated 17-1-1998 passed by learned special judge under essential commodities act. .....

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

Court : Mumbai

..... 9 and section 9a of the maharashtra animal preservation act, 1976 as amended/inserted by the maharashtra act no.v of 2015 are constitutional, valid and legal; (b) however, we hold that the possession in terms of the section 5c of the maharashtra animal preservation act,1976 shall be conscious possession ; (c) section 5d of the maharashtra animal preservation act, 1976 is struck down on the ground that the same infringes the fundamental right guaranteed under article 21 of the constitution of india; (d) accordingly, wherever there is a reference to section 5d in other sections of the maharashtra animal preservation act, 1976, the same stands deleted; (e) section 9b of the maharashtra animal preservation act, 1976 is struck down as it infringes ..... the challenge in this group of petitions is to various provisions of the maharashtra animal preservation act, 1976 (for short animal preservation act ) as amended by the maharashtra animal preservation(amendment)act,1995 (for short the amendment act ). ..... the maharashtra animal preservation act, 1976 (mah.ix of 1977), has been brought into force in the state from the 15th april 1978. ..... the maharashtra animal preservation act, 1976 (mah. ..... therefore, there is no question of anyone slaughtering a cow, bull or bullock at any place outside the state of maharashtra in contravention of the provisions of section 5 the animal preservation act as the prohibition on slaughter imposed by said act will not apply outside the state. .....

Arif Usman Kapadia and Others Vs. The State of Maharashtra Through the ...

Court : Mumbai

..... constitution of india, petitioners are seeking a declaration that sections 5d and 9a of the maharashtra animal preservation act, 1976 as amended by recent animal preservation [amendment] act, 1995 which was granted assent by the president of india on 26/02/2015 and published in the government gazette on 04/03/2015 is unconstitutional and for further direction, directing the respondents not to take any steps or action on the basis of the impugned provisions of sections 5d and 9a of the said act and for interim relief granting stay to the operation of the said ..... the state of maharashtra enacted the maharashtra animal preservation act, 1976 which, inter alia, prohibited slaughter of cows and restricted slaughter of other animals such as bulls and bullocks. 5. ..... the maharashtra animal preservation act, 1976 was passed in furtherance of article 48 of the constitution of india. ..... the state of maharashtra, thereafter, enacted animal preservation (amendment) act, 1995. ..... he submitted that the ban which is imposed on the import of the flesh of the slaughtered animal is wholly extraneous with the aims and objects of the said act and also article 48 of the constitution of india which speaks for preservation of animals and does not talk about animals which are already slaughtered for consumption and are imported in the state of maharashtra. .....

Akhil Bharat Krishi Go Seva Sangh Vs. State of Maharashtra and Another

Court : Mumbai

Reported in : 1998BomCR(Cri)227

..... 50/91 under sections 5, 6 and 11 of the maharashtra animal preservation act, 1976 was registered against respondent no. 2.3. ..... the petitioner is a social service organisation and a public charitable trust, registered under the societies registration act, 1860 and bombay public trusts act, 1950 and is engaged in preservation of animals and effective implementation of the provisions of maharashtra preservation of animals act, 1976. ..... shaikh because as observed by the division bench in para 5 in 1988 m.l.j.293 supra, an order pertaining to the custody could not be passed in a manner in which the very object of the act namely protection and preservation of animals and not their slaughter would be defeated. ..... the order should be for preservation and protection of the cow or schedule animals and not for its slaughter or ..... only question which now falls for our consideration is the provision that should be made to protect and preserve the cattle pending the proceedings. mr. ..... said paragraph reads thus :---it is no doubt true that no provision is made in the act about the custody and disposal of the property pending the trial. ..... state of maharashtra, dated 12th august ..... state of maharashtra and others, the impugned order is manifestly improper, incorrect and ..... 2 urged that inasmuch as there was no embargo in the act for interim custody of cattle being given to the owner of the cattle, the impugned order was not illegal and was not amenable to be quashed under the writ jurisdiction of this court .....

Shaikh Ahmed HussaIn and Another Vs. State of Maharashtra

Court : Mumbai

Reported in : 1991(2)BomCR392; 1991CriLJ2303; 1991(1)MhLj77

..... 5 and 11 of the maharashtra animal preservation act, 1976 before the judicial magistrate, first class, nasik. ..... as far as the attempt is concerned, it would cover those categories of cases where all necessary steps for purposes of slaughtering the animal concerned have been taken, such as taking the animal to a slaughter house or to a place for slaughter, bringing implements necessary for this purpose and such other activities that would lead to the irresistable conclusion that the accused were engaged in an attempt, which, if not stopped, ..... court had taken the view that merely because the accused were found driving 23 head of cattle and merely because it was suspected by the prosecuting authority that the accused were likely to take these animals for slaughter that the conclusion was wholly unjustified that the same would constitute either abetment or an attempt. ..... 11, the authorities, in this case, have sought to contend that since it was the allegation of the prosecution that the animals in question were being taken to a slaughter house for the purposes of slaughter, that the same constitutes an attempt and is punishable u/s. ..... the section, however, seeks to punish persons who have committed the act of slaughter of an animal which comes within this category and, therefore, there can be no dispute about the fact that s. ..... 11 of the act, it must be demonstrated that the accused persons had been abetting the actual act of slaughter of one of the prohibited categories of animals. .....

Govansh Raksha Abhiyaan-Goa and Others Vs. State of Goa, Through Depar ...

Court : Mumbai Goa

..... shri kantak, learned senior advocate appearing for the petitioners, has brought to our notice the amendment to the maharashtra animal preservation act of 1976, to point out that there is, inter alia, a complete ban on slaughter of cows, bulls and bullocks in the state of maharashtra and in terms of section 5(a) of the said maharashtra act, no person shall transport or offer for transport or cause to be transported cow, bull or bullock from any place within the ..... cattle outside that state is prohibited animals more particularly the state of maharashtra and the state of karnataka can be permitted to be slaughtered in the state of goa; and (iv) whether any direction are to be issued for the purpose of complying with the provisions of animals preservation act 1995 and the slaughter house rules ..... cow, bull or bullock at any place outside the state of maharashtra in contravention of the provisions of section 5 the animal preservation act as the prohibition on slaughter imposed by said act will not apply outside the state. ..... arise for consideration in the present petition are : (i) whether one person can be permitted to exercise the functions of a competent authority under the goa animal preservation act, 1995, (hereinafter referred to as the said preservation act of 1995) and the veterinary doctor under the prevention of cruelty to animals (slaughter house) rules, 2001 (hereinafter referred to as the said slaughter house rules of 2001); (ii) whether any directions are to be issued to the .....