Court : Mumbai
Reported in : 2009(1)BomCR501
..... the problem, the danger posed and menace caused by stray dogs, resort can be had to the provisions of sub-section (3) of section 11 of the prevention of cruelty to animals act, 1960 and the relevant provisions of the bombay/maharashtra & goa municipalities acts and other enactments, and whether inspite of the aforesaid provisions of section 11(3) of the prevention of cruelty to animals act and other acts referred to above, the killing of dogs has to be totally prohibited, the learned counsel mrs.norma alvares has firstly referred to articles 51 & 21 of ..... . raj panjwani, the learned amicus curiae has mainly contended that the abc rules enacted by the central government under section 38 of the prevention of cruelty to animals act, 1960 (pca act) are legislative in character and forms a part of the said act, and in view of the provisions of article 254(1) of the constitution, the abc rules being central government rules, shall prevail over the state ..... .88. ms. geeta shasti has further submitted that the prevention of cruelty to animals act, 1960 is not a superseding act to any other acts pertaining to the welfare of dogs/animals, and therefore it can be believed that the provisions pertaining to the dogs in section 191ba of the mumbai municipal corporation act, section 336 of city of nagpur corporation act, 1948 and section 293 of maharashtra municipal councils, nagar panchayats and industrial townships act, 1965 are enforceable since it has legal sanctity, which .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(4)BomCR588
..... circumstances and seriousness of the problem, the danger posed and the menace caused by the stray dogs, resort can be had to the provisions of sub-section (3) of section 11 of the prevention of cruelty to animals act, 1960 and the relevant provisions of the bombay municipalities act, maharashtra municipalities act and goa municipalities act and other enactments;(2) whether inspite of the aforesaid provisions of sub-section (3) of section 11 of the prevention of cruelty to animals act, 1960 and other acts referred to above, the killing of the stray dogs has to be totally prohibited. ..... 1596 of 1998 needs re-consideration, as certain provisions of the prevention of cruelty to animals act, 1960 and provisions of the different municipalities act were possibly not brought to the notice of the learned judges.43 ..... it is true that animals should not be subjected to unnecessary suffering or plain, but when the question arises between suffering of a man or whole lot of human population on one side, and the suffering of animals particularly stray dogs on the other side, then looking to the provisions of the prevention of cruelty to animals act, 1960 and the aforesaid three important municipal legislations, i.e ..... when these provisions are taken and read together with the provisions of the prevention of cruelty to animals act, 1960, it will be clear that the legislature, i.e. ..... fact, while passing the prevention of cruelty to animals act, 1960, care has been taken in the act itself in this regard. .....
Tag this Judgment!Court : Gujarat
Reported in : 1998CriLJ1337; (1997)2GLR1321
..... applications, which arises out of different orders with respect to interim custody of animals under the prevention of cruelty to animals act, 1960 (hereinafter referred to as 'the act of 1960'), the following questions arise for consideration :q-1 whether panjrapole has locus to apply and also approach to the high courts in the matter of interim custody?q-2 whether as a rule pending investigation, enquiry or trial, the custody of the animal should be given to panjarapole ?q-3 whether the owner of the animal alone is liable to pay the costs of maintenance of. ..... by one bhikhabhai under the provisions of prevention of cruelty to animal act, 1960 as well as under the provisions of bombay police act, as well as under rules 65 to 75 of the gujarat diseases of animals control act, 1963. ..... prevent infliction, unnecessary pain or sufferings on animals and further to prevent the cruelty to animals ..... counsel that the entire proceedings under the act of 1960 right from the seizure of the animal and the order of the concerned court, directing the interim custody, is illegal and without jurisdiction inasmuch as the offence under the act of 1960 or under the bombay police act or under the motor vehicles act are non-cognizable and hence, seizure of animal by police is illegal and without authority ..... be noticed that, looking to the nature of offence under the act of 1960, there may be hardly any necessity of the production of the animal in the court during trial for identification or for any other .....
Tag this Judgment!Court : Mumbai
Reported in : 2001(4)ALLMR432; 2002(1)BomCR177
..... he submits that now when it is found that the animals are being treated with cruelty and when these activities are prohibited by issuing a notification under section 22 of the prevention of cruelty to animals act, 1960, that it is being contended that the petitioners would like to keep them separately ..... prevention of cruelty to animals act, 1960 provides for a procedure to deprive the person who is owning the animals from his ownership of those animals. ..... happened that the authorities concerned moved under the prevention of cruelty to animals act, 1960 and issued the necessary notification under section 22 of the act, and have banned the training and exhibiting of animals. ..... that there is power under the prevention of cruelty to animals act, 1960 which is to be exercised on ..... note that even with respect to the animals whose exhibition and training is prohibited, the act does not prevent the owner from keeping them as domestic ..... that the submission is being made because a dead animal is more valuable; and all these animals were being treated with cruelty in the circus companies and shows photographs in that ..... a requirement of such a hearing will have to be read under section 42 of the act because the person concerned is going to be divested of his ownership with respect to those animals and, in the event, he has spent a good amount to purchase them, surely he should have a right to make his submission on his ownership, his opposition to any such decision and in any case the compensation .....
Tag this Judgment!Court : Allahabad
Reported in : 2002CriLJ124
..... district azamgarh, they were intercepted by the police and the first information report dated 21-5-2001 was lodged in respect of the alleged offences having been committed under sections 3/5-a/8 cow slaughter act, 1955 and section 11-d of prevention of cruelty to animals act, 1960. ..... question relating to the order of learned judicial magistrate as well as learned sessions judge, rejecting the applications for release of cattle alleged to have been involved under sections 3/5-a/8 cow slaughter act, 1955 and section 11d of prevention of cruelty to animals act, 1960.2. ..... favour, the same will be kept properly and will not be subjected to cruelty during the custody.in case, an affidavit containing the aforesaid statement is filed by the owner, the catties/animals shall be released in his favour with the following conditions : (i) before releasing the animals the learned court below shall get identification marks affixed on each of the animals through station house officer of concerned police station at the expenses of the owner ..... favour, the same will be kept properly and will not be subjected to cruelty during the custody.in case, an affidavit containing the aforesaid statement is filed by the owner, the cattle/animals shall be released in his favour with the following conditions :(i) because releasing the animals the learned court below shall get identification marks affixed on each of the animals through station house officer of concerned police station at the expenses of the owner .....
Tag this Judgment!Court : Delhi
Reported in : 1999(48)DRJ171
..... this notification was issued under section 22 of the prevention of cruelty to animals act, 1960. ..... a letter from the royal society for prevention of cruelty to animals (rspca) stating that the book 'animal in circuses and zoos, chiron's world' was neither sponsored nor published by the rspca by way of endorsing its conclusions. ..... in order to achieve the object as spelled out by the preamble of the act, which is prevention of unnecessary pain or suffering on animals, the government has failed to apply mind to and decide whether mere regulation or framing of the rules would have served the purpose without banning the training or exhibiting of the animals ; 3. ..... the committee while dealing with the issues observed served as follows :-' after detailed deliberations and critically examining the material placed before it, the committee is of the view that cruelty inflicted on animals cannot be evaluated and measured in quantitative terms. ..... can circuses prevent sufferings during transport of animals from one place to another? 4. ..... 'you can't train animals by cruelty', they say. ..... all forms of cruelty committed against circus animals very much violate different clauses under sec. ..... , research for medical purposes and animal husbandry which benefits the society at large needs to be continued even if it involves some cruelty. ..... if really all acts were done by kindness, then the animals world will have a free will in the circus ring. ..... its performance is not a voluntary or a natural act of a free animal. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2003(1)MPHT297; 2003(1)MPLJ231
..... now, in exercise of the powers conferred by section 22 of the prevention of cruelty to animals act, 1960 (59 of 1960), and in supersession of the notification of the government of india in the erstwhile ministry of environment and forests g.s.r. no. ..... the central government by virtue of powers conferred bysection 22 of the prevention of cruelty on animals act, 1960 (for short 'the act') has issued a notification p-3 dated 14th october, 1998, thereby placing ban on exhibition and training of performing animals which include bear 6. ..... the preamble of the act makes it clear that the legislature intended to prevent the infliction of unnecessary pain or suffering on animals and for that purpose to amend the law relating to the prevention of cruelty to animals. ..... it is pertinent to note that even with respect to the animals whose exhibition and training is prohibited the act does not prevent the owner from keeping them as domestic pets. ..... to our mind, keeping the preamble of the act and section 24 in view, power under section 22(ii) can be exercised only when the central government is of the opinion that the training and exhibition of the animals in respect of which a notification is being issued is for the purpose of preventing unnecessary pain or suffering being caused to the animals. 11. ..... section 24 of the act aims at preventing the unnecessary pain or suffering being caused to the animals. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC2337; 2001(4)SCALE20; (2001)6SCC84; [2001]3SCR353; 2001(2)LC1331(SC)
..... challenge in these appeals by special leave from the judgment of the kerala high court is to be validity of section 22 of the prevention of cruelty to .animals act, 1960 (for short 'the act') and the notification issued under section 22 to the effect that no person shall train or exhibit any animals specified therein, namely, bears, monkey, tigers, panthers and lions.4. ..... not make any further observations in respect thereof except to hold that we are satisfied that the impugned notification is within the parameters of the prevention of cruelty to animals act, 1960.15. ..... of the act states that it was enacted with a view 'to prevent the infliction of unnecessary pain or suffering on animals and for that purpose to amend the law relating to the prevention of cruelty to animals'. ..... pertinent to note that even with respect to the animals whose exhibition & training is prohibited the act does not prevent the owner from keeping them as domestic pets. ..... as to what amounts to cruelty to animal generally. ..... mind, keeping the preamble of the act and section 24 in view, power under section 22(ii) can be exercised only when the central government is of the opinion that the training and exhibition of the animals in respect of which a notification is being issued is for the purpose of preventing unnecessary pain or suffering being caused to the animals.11. ..... it is also the case of the appellants that the act does not provide for the animals to be taken away by the government once such a notification .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1998VIAD(SC)600; AIR1998SC2769; 1998(2)ALD(Cri)553; 1999(1)BLJR57; 1998CriLJ4082; 1998(3)Crimes224(SC); (1999)1GLR587; JT1998(6)SC66; RLW1999(1)SC81; 1998(5)SCALE8; (1998)6
..... while the sheep and goats [hereinafter referred to as 'animals'] were being transported, the gujarat police seized them for the alleged violation of provisions of the prevention of cruelty to animals act, 1960 (for short, the act), bombay police act and rules 65 to 75 of the gujarat diseases of animals control rules. ..... the short question that arises for consideration in these appeals is: whether the order of the high court declining to grant interim custody of the animals to the appellants is contrary to section 35 of the prevention of cruelty to animals act, 1960.3. ..... 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 animal being again subjected to cruelty. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2006(3)ALD82(SC); JT2006(4)SC482; 2006(3)SCALE617; (2006)4SCC162
..... (g) the al-kabeer project is operating in violation of various state animal preservation laws, as it has stated that it imports 70 percent of its buffalo requirement from other states, as well as the prevention of cruelty to animals act, 1960.h) al-kabeer cannot rely on the 1958 quareshi's judgment, as that case concerned the rights of individual butchers, not businesses setup to ..... has also brought, out the fact that it will be difficult for the factory to adhere to the existing regulations of the provisions of the prevention of cruelty to animals act and prohibition of cow slaughter act, 1977 and every effort: would be made to circumvent the provisions of this act so that adequate input supply is maintained (for the? ..... in the aforesaid judgment, the high court in substance observed as follows:(1) as the loi granted by the central government and the provisions of the andhra pradesh preservation of cow slaughter and animal preservation act, 1977 permits slaughtering of only useless cattle and in view of the fact that maintenance of such useless cattle involves a wasteful drain on the nation's meager cattle feed resources, the government of ..... directed to monitor regularly and strictly in respect of al kabeer's compliance with all applicable laws, particularly the provisions of the andhra pradesh prohibition of cow slaughter and animal preservation act, 1977, once every three months and to obtain reports on the same and thereafter to take necessary action for their proper implementation.6 .....
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