Court : Andhra Pradesh
Reported in : 1992(3)ALT48; 1992CriLJ2195
..... cow slaughter and animal preservation act, 1977 ('the act', in short) as it was alleged that the persons from whom the cattle were seized, were acting in violation of ss. ..... cow slaughter and animal preservation act 1977. 2. ..... jayasree sarathy, learned counsel for the petitioner submits, that the petitioner is serving a public cause and has come forward to look after the dumb animals and to protect them, and it is not proper to insist upon the petitioner furnishing security, apart from the execution of a personal bond. ..... i class magistrate, hyderabad east and north, by his order dated 26-8-91 directed the interim custody of the animals to be with the petitioner-society in preference to the persons claiming ownership of the cattle, observing that the very purpose of the act will be defeated, if the interim custody is given to the so-called owners, as they may slaughter the animals if custody is given to them. ..... as that decision was rendered in the year 1986, it will be necessary that the court concerned will have to evaluate as to what will be the probable maintenance charge of each animal, having regard to the cost involved in the present day. ..... state of maharashtra, 1988 mh lj 293 it was held that, if the organisations like goseva sangh come forward for taking responsibility for preservation and protection of the cattle then they should be preferred. ..... state of maharashtra (crl mp no. ..... pending enquiry into the case, the persons claiming to be the owners of the animals filed crl.m.p. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(4)ALT431:AIR2009NOC2482(A.P)(F.B).
..... 4(4) as there are market areas, notifying different items of market products and subsequently with a view to bring uniformity decides to issue one notification under section 4(4) of the act only with reference to different items and varieties of market products, one cannot expect the government to abolish all the existing market committees and re-start exercise under section 4(1) and then requiring such newly ..... to the arguments of the learned counsel for the petitioners that the 'products of livestock' as defined in clause (xv) of section 2 of the act means such products of livestock as may be declared by the government by notification to be products of livestock, which could only be products of living animals, but cannot be the products of dead animals and as obviously 'raw hides', 'raw skins', 'bones' and 'horns and hoofs' could not be secured without killing the ..... section 4a(2) of the bombay agricultural produce markets act, 1939, (the act which preceded the maharashtra agricultural produce marketing regulation act), empowered the state government to declare any enclosure, building or locality in any market area to be a principal market yard for the area and other enclosures, buildings or localities ..... marketing in respect of market products; schemes for extension or cultural improvement of notified market products; propaganda for improvement of market products; promotion of grading services; measures for preservation of food grains and meet staff and establishment charges. ..... 1976 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1993AP257
..... pradesh prohibition of cow slaughter and animal preservation act, 1977 (hereinafter referred to as 'act 11 of 1977') prohibits slaughtering of cows or calves or she-buffaloes.sub-section (1) of section (6) of the said act provides for slaughters of animals subject to the condition of obtaining certificate from the competent authority appointed for the area that the animal is fit for slaughter. ..... of provisions under sections 5 and 6(1) of andhra pradesh prohibition of cow slaughter and animal preservation act, 1977 and also subject to fulfilment of conditions prescribed under para. ..... state governmentd may evolve for ensuring this; (3) slaughter of cows of all ages and calves of cows and of buffaloes male or female, shall be prohibited; (4) factory shall undertake measures for preserving/improving the breeds of the buffaloes by adoption of suitable animal husbandry practices in consultation with the state government; and (5) at least 90% production of frozen buffalo meat would be exported for a period of ten years which may be extended by another five years ..... state of bihar, : [1959]1scr629 while upholding the validity of bihar preservation and improvement of animals act and other enactments held that a total ban on the slaughter of she-buffaloe after they cease to be capable of yielding milk or of breeding, or working as draught animals cannot be supported as reasonable in the interest of the general public, thus recognising it as a fundamental right under article 19(1)(g) of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(5)ALD442; 2006(5)ALT361
..... seven judges considered the constitutional validity of section 5 of bombay animal preservation act, 1954 as amended by bombay animal preservation (gujarat) amendment act, 1994, prohibiting the slaughter of progeny of cow in state ..... 'market' includes any place where persons assemble for the sale of, or for the purpose of exposing for sale, livestock, food for livestock, meat, fish, fruit, vegetables, animals intended for human consumption or any other article of human food whatsoever with or without the consent of the owner of such place, notwithstanding that there may be no common regulation of ..... land use, inter alia, must conform to the outline development plan and the regulations which would indisputably mean that it must conform to the zoning regulations.....the provisions of the act are to be read with the regulations, and so read, the construction of sections 14 and 15 will lead to only one conclusion, namely, such changes in the land use ..... or, if such written permission is subsequently suspended or revoked for any reason by the commissioner, such work or thing shall be deemed to be unauthorized and subject to any other provision of this act the commissioner may at any time, by written notice, require that the same shall be removed, pulled down or undone as the case may be, by the person so carrying out or doing ..... well as urban authority pursued with the government to exempt the land from the provisions of urban land (ceiling and regulation) act, 1976 (ulc act, for brevity). .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1992(3)ALT551
..... the housing society, and amount exceeding the amount that he could be entitled to receive as the price of such land under para 4(2) schedule 1-a of the urban land (ceiling and regulation) rules, 1976, if a transfer of that land takes place in pursuance of a scheme under section 21 of the act, (which at present is either ten times the net average annual income actually derived from the land for the period of five consecutive years referred to in clause (a) of sub- ..... association members by depositing the money in response to the representation made by the municipal corporation of hyderabad which did so on behalf of the government (since the acquisition proceedings were inititated only for the purpose of hudco scheme) had acted to their detriment and, therefore, the government cannot wriggle out of the situation; the well' recognised principle of equitable estoppel comes into play ..... on 17-2-76 the urban land (ceiling and regulation) act, 1976 (hereafter called as the u.l.c. ..... . state of maharashtra, : [1989]3scr616 the learned government pleader says that if the acquisition proceedings under the l.a ..... . state of maharashtra : [1989]3scr616 .'24 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(2)ALT193
..... the water in the lake; (iv) the respondent authorities, in general, are directed to discharge their respective duties and functions under the environment (protection) act, 1986, air (prevention, control ofpollution) act, 1981, water (prevention, control of pollution) act, 1974 and the hyderabad metropolitan water supply and sewerage act, 1989 strictly in accordance with the provisions of those statutes; (v) it is further directed that it is open to the petitioner or any affected person ..... the conference calls upon the governments and peoples to exert common efforts for the preservation and improvement of the human environment, for the benefit of all the people ..... , we are quite conscious of the fact that the necessity to preserve the ecology and environment should not hamper economic and other developments in ..... at page 296 was pleased to observe :--'.....while economic development should not be allowed to take place at the cost of ecology or by causing widespread environment destruction and violation; at the same time, the necessity to preserve ecology and environment should not hamper economic and other developments. ..... the constitution (forty-second amendment) act, 1976 undertook that task and put such direct provision, first in the part iv dealing with the directive principles for state policy; and, second, in the part iv-a dealing with ..... the environment through industrial, agricullural or other human-generated processes and pose a hazard to human, plant, and animal health and life. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(1)ALD726
..... the president issued notification of scheduled castes and scheduled tribes orders (amendment) act, 1976 - act 108 of 1976 dated 18-9-1976 wherein 'kammara' was added under part-1 in respect of andhra pradesh as falling ..... commissioner, tribal development : air1995sc94 , a bench of two judges, had to consider whether kolis, a backward class in maharashtra would be declared as mahadeo koli, a scheduled tribe in maharashtra despite the cultural advancement, the genetic traits pass on from generation to generation and no one could escape or forget or ..... stated thai the tribal cultural research and training institute examined this issue and it was found that 'kammara' as 'hill tribes' under the agency tracts interests and land transfer act, 1917 as backward tribe under the government of india act, 1935 as 'aboriginal tribe' in the list of aboriginal tribes issued by the government of madras and as scheduled tribes under the conslitution (scheduled tribes) order, 1950. ..... of andhra pradesh slate, the presidenl issued scheduled castes and scheduled tribes orders (amendment) act, 1976 (act 108 of 1976). ..... it was contended for the petitioner that the list of scheduled tribes in andhra pradesh was substituted by central act 108/76 by which, kammara tribe is a scheduled tribe for the entire state, though prior to the said amendment the said tribe was notified as schedule tribe only in andhra area ..... are peculiar to each tribe or tribal communities and are still being maintained and preserved. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(4)ALD377; 2000(4)ALT179
..... of the state government in memo no.l03636/uc.l(1)/ 90-91, dated 11-8-1992 and a consequential declaration that the provisions of the urban land (ceiling and regulation) act, 1976 (act 33 of 1976) (for short 'the act') are not applicable to the land of the petitioner situate in rs no.507/2 of gollapudi village, krishna district, in view of the provisions of the ..... state on 1-5-1981 and thus does not suffer from any error of law notwithstanding that no order has been passed on the declaration filed by the petitioner under section 6 of the act claiming acquisition of title to the land already declared excess by the competent authority and (vi) that the authority is not barred from taking further steps under section 10(5) after publication of the ..... (ii) that thereafter section 10(3) notification was issued on 1-5-1981 and published in the gazette on 5-3-1981 as a consequence of which the excess land vested in the state under section 10(3) of the act; (iii) that the compromise decree in os no.319 of 1981 relied upon, to assert the tide of the petitioner was passed on 24-4-1986 and the consequent sale deed executed in favour of ..... state of maharashtra and others, : air1996sc2553 , clearly held on an analysis of the legislative phraseology employed in sections 20 and 21 of the act that-'the exercise of the power thereimder would arise only when the land stands vested in the government, the power of examination and ..... the considerations which might have animated the division bench of this .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1978AP106
..... artificial concept of 'family unit' in the maharashtra agricultural lands (ceilings on holdings) act and the punjab land reforms act similar to the concept of a 'family unit' under the andhra pradesh act, violated the second proviso to art. ..... that the provisions of the andhra pradesh land reforms (ceiling on agricultural holdings) act, 1973 are inapplicable to 'vacant land' in 'urban agglomerations' within the meaning of those expressions as defined in the urban land (ceiling and regulation) act, 1976. ..... andhra pradesh act 1 of 1973 is once more under attack, this time on the ground that its provisions are repugnant to the provisions of central act 33 of 1976. ..... an ordinance dated 2-5-1972 and the andhra pradesh act 12 of 1972, banning alienation of vacant land in urban areas in the state of andhra pradesh pursuant to the resolutions passed by the legislatures of andhra pradesh and some other states, parliament, on 17-2-1976 enacted the urban land (ceiling and regulation) act, 1976 (central act 33 of 1976).3. ..... raj narain : [1976]2scr347 (supra) : ' there is no support from the majority in bharathi's case : air1973sc1461 for the proposition advanced by the counsel that an ordinary law, if it damages or destroys basic structure should be held bad or for the proposition that a constitutional amendment putting an act in the ninth schedule would make the provisions of the act vulnerable for the reason that they damage or destroy a basic structure constituted not by the fundamental rights .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(3)ALD516; 2003(4)ALT437
..... order, but that may not be important for the purposes of this case, as we only wanted to know as to which is the date or the event in the scheme of things under the urban land (ceiling & regulation) act, 1976, when the land vests in the competent authority under the act and we have no doubt in our mind that the land vests in the state government or authorities under the urban land (ceiling & regulation ..... this judgment also laid down what the supreme court thought the object and purpose of the act and in para-6 it held,'the primary object and the purpose of the urban land (ceiling and regulation) act, 1976, 'the act', as the long title and the preamble show, is to provide for the imposition of a ceiling on vacant land in urban agglomerations, for the acquisition of such land in excess of the ceiling limit, to regulate the ..... was filed in terms of section 6 of the urban land (ceiling & regulation) act, 1976 by a land owner before the authorities and the authorities have passed an order under section 8(4) of the ceiling act determining the excess vacant land and issued a statement under section 9 of the ceiling act and in the meantime notification for acquisition of land was issued under the land acquisition act, whether the notification issued under the urban land (ceiling & regulation ..... state of maharashtra, : [1989]3scr616 which is altogether in a different context and we have not been able to appreciate as to how the law laid down in this judgment would apply to the facts .....
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