Judgment Search Results Home > Cases Phrase: prevention of cruelty to animals act 1960 section 37 delegation of powers Page 1 of about 57 results (0.087 seconds)

Animal Welfare Board of India Vs. A. Nagaraja and ors.

Court : Supreme Court of India

..... violation this is a violation of section 11(1)(a) of the prevention of cruelty to animals act, 1960, which prohibits treating any animal in a way that causes unnecessary pain or suffering, and section 11(1)(h), which states that failing to provide animals with sufficient food, drink or shelter is an act of cruelty.9. ..... over-powering the performing animal was never in the contemplation of the pca act and, in fact, under section 3 of the pca act, a statutory duty has been cast on the person who is in-charge or care of the animal to ensure the well-being of such animal and to prevent infliction on the animal of unnecessary pain or suffering. ..... moef, in exercise of its powers conferred under section 22 of the pca act, as already stated, after noticing the stand of the board, issued a notification specifying that bulls shall not be exhibited or trained as performing animals, that position still stands. ..... section 38 of the pca act confers rule-making powers on the central government and, in exercise of its rule-making powers, the central government made the performing animal rules, 1973 and the performing animals (registration) rules, 2001 and thrust of all the substantive and procedural provisions is the welfare and well-being of the animal and the duties and obligations of the persons who are in-charge of the animals and also to safeguard the rights conferred on the animals. .....

K. Muniasamythevar Vs. the Deputy Superintendent of Police and the Ins ...

Court : Chennai

Reported in : (2007)5MLJ135

..... that the court may consider the petitioner's case and pass appropriate order since it involves hurting the sentiments of large section of district (sic) who are addicted to jallikattu in one form or another with a stern instruction to the authorities to strictly follow the provisions of the prevention of cruelty to animals act, 1960.... ..... the relevant averments made in the counter-affidavit filed by the state in these matters, which read as follows:it is submitted further that strict vigil will be maintained by the state police as well as the district administration to ensure prevention of cruelty to animals and the provisions of the prevention of cruelty to animals act, 1960 will be strictly maintained and any violation will be strictly dealt with.. ..... section 37 provides for delegation of power exercisable under the act by the central government to the state government. ..... sections 22 to 25 provide for the restriction on exhibition and training of performing animals, procedure for registration, power of the court to prohibit or restrict exhibition and training of performing animals and the power to enter premises. ..... the duties and powers of the committee to make rules relating to experimentation on animals are provided under sections 17 to 19. ..... section 38 deals with the rule-making power of the central government.24. .....

Bharat Amratlal Kothari Vs. Dosukhan Samadkhan Sindhi and ors.

Court : Supreme Court of India

Reported in : AIR2010SC475; 2010CriLJ379; JT2009(14)SC102; 2009(13)SCALE563; (2010)1SCC237

..... with deesa city police station for the alleged commission of offences punishable under section 279 of indian penal code, section 11(1)(d) of the prevention of cruelty to animals act, 1960 and sections 5, 6 and 8 of bombay animal preservation act, 1954, at the instance of the appellant no. ..... (1984) 1 scc 307, overlooking the rule relating to grant of admission to postgraduate course in medical college, the high court in the exercise of powers under article 226 of the constitution directed the medical council to grant provisional admission to the petitioner. ..... further, it is well settled that neither power under section 482 of the code of criminal procedure, 1973 nor jurisdiction under article 226 of the constitution can be exercised by the high court to quash the complaint if prima facie commission of ..... it is relevant to notice that the high court was not exercising powers under article 226 of the constitution suo motu but was examining the validity of order passed by the additional chief judicial magistrate refusing to grant custody of goats and sheep ..... court for quashing the fir, could not have been granted in a petition filed by the owners of goats and sheep seeking custody of the live stock notwithstanding wide amplitude of power available under article 226 of the constitution. ..... though a high court has power to mould reliefs to meet the requirements of each case, that does not mean that the draftsman of a writ petition should not apply his mind to the proper relief which should .....

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

Court : Mumbai Aurangabad

..... sindkheda 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. ..... 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 cattle. ..... it is alleged that while those animals were transported for the purpose of being slaughtered, an fir was registered for alleged violation of the provisions of prevention of cruelty to animals act, 1960, and the specific allegation in the fir was that the animals were transported for being slaughtered, and the animals were tied very tightly to each other. ..... learned counsel for respondent no.2 also submitted that the cruelty alleged against the petitioner is under section 11 (1) (d) (e) (f) of the prevention of cruelty to animals act, 1966 and also under clause (a) thereof, since although petitioner, who allegedly is owner of the said animals, subjected said animals to the torture, while transporting them.14. .....

Cattle Race Club of India Vs. State of Kerala

Court : Kerala

..... dated this the 8th april, 2015 judgment whether the ban imposed by the central government as per the notification dated 11.07.2011, issued in exercise of the power conferred under section 22 of the prevention of cruelty to animals act, 1960, declaring that bulls (along with five other animals) shall not be exhibited or trained as performing animals; and the recent verdict passed by the apex court upholding the validity of the said notification banning 'jallikattu' or 'bullock - cart race' in the state of tamilnadu or elsewhere in the ..... 25231, 29051 & 29052 of201411 clearly violates the section 3(11)(1)(a) and 11(1)(m)(ii) of the prevention of cruelty to animal act, 1960. ..... the request of the petitioners wherein already rejected, since their request violated provisions of prevention of cruelty to animals act, 1960 and also the judgment of the supreme court mentioned above are still pending.4. ..... after meticulous analysis of the facts and figures and the relevant provisions of law, the apex court held that the state enactment passed by the tamilnadu government was repugnant to the provisions of the prevention of cruelty to animals act, 1960 and the rules made thereunder. ..... 25231, 29051 & 29052 of20145 ensuring that no infringement of any of the provisions of prevention of cruelty to animals act, 1960 is resulted. ..... this is clear violation of the prevention of cruelty to animals act, 1960. ..... 25231, 29051 & 29052 of201412 act makes a clear violation of the prevention of cruelty to animals act. .....

People for Elimination of Stray Troubles (Pest) by Its Convenor Dr. Ro ...

Court : Mumbai

Reported in : 2003(4)BomCR588

..... :---(1) whether in the 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. ..... section (4) of section 191-ba also gives power to commissioner to destroy a stray dog and the most important provision is under section 191-c which specifically gives protection to all persons acting in good faith in pursuance of the provisions of section 191-b or section 191-ba from institution of any suit or prosecution against them for whatever is done by them under those acts ..... sub-section (2) provides that any dog so seized shall be kept in municipal kennel and if nobody claims the dog within three days and satisfies that he is the owner of the dog, then the commissioner is given powers to destroy ..... the maharashtra municipalities act, 1965 also makes a similar provision giving powers to the chief officer to sell or destroy the dog if nobody comes to claim it within ..... the reproductive power of female diminishes after five years of age and the reproductive cycle ceases by the age .....

Naseerulah Vs. State

Court : Chennai

..... he has also violated the transport of animals rules, 1978 enacted in exercise of powers conferred under section 38(2)(h) and rule 56 (c) of the prevention of cruelty to animals act, 1960, and also committed offence punishable under the indian penal code as also section 8 of the tamil nadu animal preservation act, 1958. ..... a notification is made as per the government order in g.o.ms.no.1235, home (police xii) department, dated 26 may 1987 empowering the powers under section 13(3), 32 and 34 of the prevention of cruelty to animals act, 1960, empowering the society for prevention of cruelty to animals inspectors to exercise the powers. ..... in this case, we are also governed by section 32 of the prevention of cruelty to animals act, 1960 which confers the power of search and seizure for the the police officers in contravention of the provisions of the act. ..... further, we have got the transport of animals rules, 1978 enacted in exercise of powers conferred under section 38 (2)(h) of the prevention of cruelty to animals act, 1960. ..... in the revision, this court in crl.r.c.no.1534 of 2001 has categorically held that when invoking section 29(3) of the prevention of cruelty to animals act, 1960, the second respondent owner would not be entitled to the custody of the buffaloes. ..... section 11 of the prevention of cruelty to animals act, 1960, elaborately deals with various cruelty meted out to animals and section 11(1)(d) specifically deals with the injuries caused during transportation of animals. .....

People for Animals & Anr. Vs.md Mohazzim & Anr.

Court : Delhi

..... the said conduct of the accused, as is the foundation of the criminal case against him under section 11 of the prevention of cruelty to animals act, 1960, with absence of any prior verification of the place where he intended to keep them after such release impels this court to conclude that the release of the birds and animals on superdari to the crl. m.c. ..... and their internationally recognized right to freedom from pain, injury and diseases which has been declared to be read into sections 3 and 11 of the prevention of cruelty to animals act, 1960, and one that requires to be protected and safeguarded as per ruling of the supreme court in animal welfare board of india vs. a. ..... the offence under section 11 of the prevention of cruelty to animals act, 1960 in the first instance, is punishable with fine only. ..... going by the description of some of the seized birds and animals, and their number, prima facie it does appear that confinement in small cages of iron mesh would amount to subjecting them to unnecessary pain or suffering , unreasonably restricting their movement, additionally on account of the space being over crowded within the mischief of penal clauses contained in section 11(1)(a)(e) and (k) of the prevention of cruelty to animals act, 1960.14. ..... it has come up to this court invoking its inherent power under section 482 of the code of criminal procedure, 1973 (cr. .....

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. ..... learned counsel for respondent no.2 also submitted that the cruelty alleged against the petitioner is under section 11 (1) (d) (e) (f) of the prevention of cruelty to animals act, 1960 and also under clause (a) thereof, since although petitioner, who allegedly is owner of the said animals, subjected said animals to the torture, while transporting them.14. ..... 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 cattle. ..... it is alleged that while those animals were transported for the purpose of being slaughtered, an fir was registered for alleged violation of the provisions of prevention of cruelty to animals act, 1960, and the specific allegation in the fir was that the animals were transported for being slaughtered, and the animals were tied very tightly to each other. .....

Ajay Shankar and ors. Vs. Union of India and ors.

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 with them. mr. ..... subsequently it has so 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. ..... it is true that there is power under the prevention of cruelty to animals act, 1960 which is to be exercised on conviction. ..... therefore if the chief wildlife warden forms an opinion that the person towhom the certificate is issued is not treating the animals in the manner in which they are expected to be treated, he can certainly exercise his powers under section 42 of the act. ..... the other remedy can certainly be under section 42 of the wildlife (protection) act, 1972 itself by cancelling the certificate of ownership because power to grant a certificate will certainly have to be read as including power to rescind or cancel the certificate. ..... 'now if this section provides for issuance of a certificate, surely a power to do a particular act includes a power to rescind the particular act. ..... in this view of the matter, we have no doubt that the chief wildlife warden can exercise that power under section 42.10. .....