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. .....
Tag this Judgment!Court : Delhi
Reported in : 1999(48)DRJ171
..... 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 ..... as has been rightly pointed out by rspca, it-has failed to appreciate that upkeep and maintenance are not confined merely to timely provision of adequate quantity and quality of appropriate food and water to the animals but also involves appropriate housing which provides the animals enough space for movement and exercise and also to meet their biological requirements and social interactions.7. ..... 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. ..... facie appears to us that when the government, upon consideration, of the report, which is based on relevant material, has formed an opinion & issued the notification dated 14.10.98 which bans the exhibition and training of the animals namely, bears, monkeys, tigers, panthers & lions, there is hardly any justification to stay the operation of the notification.26. ..... mild talk, the power of the human eye and gentle persuation will not convince the animal that it will be good to .....
Tag this Judgment!Court : Delhi
..... after coming into force of the prevention of cruelty to animals act, 1960 (pca act 1960) the awb continued to be a body constituted by the government of india ..... affiliation to the animal welfare board (awb) at madras, a body corporate formed under the prevention of cruelty to animals act, 1890. ..... he also referred to the provisions of the prevention of cruelty to animals (establishment and regulation of societies for prevention of cruelty to animals) rules, 2001 [pca rules] which did not contain a provision permitting the gnctd to constitute a board to take over the affairs ..... text of the said order reads as under: "office of the chief minister delhi secretariat the term of the present delhi society for prevention of cruelty to animals (dspca) has ended on june 9, 2003. ..... , who was working as deputy inspector, enforcement staff, the delhi society for prevention of cruelty to animals (dspca), respondent no. ..... in the order dated 23rd january 2004 issued by the chairman of the dspca board it was stated that the order was being issued in exercise of the powers conferred under rule 10 (1) of the central civil services (classification, control and appeal) rules, 1965 [ccs (cca) rules] as well as the notification dated 7th june 2002 issued by the development commissioner, gnctd ..... 7 of 1988 under section 5 (2) of the prevention of corruption act, 1987 (pca) and section 161 ipc, and sentenced to rigorous imprisonment for three and a ..... 162 of 2003 under sections 308/34 ipc at police station .....
Tag this Judgment!Court : Delhi
Reported in : 2010ACJ1; 162(2009)DLT264
..... the transit and handling of cattle and bovine animals after being impounded shall be in consonance with the provisions of the prevention of cruelty to animals act, 1960. 18. ..... our procedure for securing our personal freedom is efficient, our procedure for preventing the abuse of power is not. ..... under section 298 of the delhi municipal corporation act, 1957 and section 202 of the new delhi municipal council act, 1994 (hereafter the act) all the public streets within delhi or new delhi are vested in the municipal corporation of delhi or the new delhi municipal council, as the case may be. ..... the court held the jal board liable and observed that when power is given to do some act, it is often coupled with the duty to do that act properly. ..... the high courts' and the supreme court's powers, under article 226 and article 32 respectively, to mould the relief so as to compensate the victim has been affirmed by the supreme court on numerous occasions including common cause, a registered society v. ..... properly exercised the new powers of the executive lead to the welfare state; but abused they lead to a totalitarian state. ..... award of monetary compensation for contravention of fundamental rights guaranteed by the constitution, when that is the only practicable mode of redress available for the contravention made by the state or its servants in the purported exercise of their powers 20. .....
Tag this Judgment!Court : Delhi
Reported in : 155(2008)DLT305
..... is the erstwhile chairman of the animal welfare board constituted under the provisions of the prevention of cruelty to animals act, 1960 by the government of india from ..... them to bring to the notice of the court that the allegations made in the plaint are frivolous or reckless and/or in a given case the persons who are applying for leave under section 92 of the code are doing so merely with a view to harass the trust or have such antecedents that it would be undesirable to grand leave to such persons. ..... apart from this, they could, in a given case, point out that the persons who are applying for leave under section 92 are doing so merely with a view to harass the trust or have such antecedents that it would be undesirable ..... indubitably, the whole object of enacting section 92 of the code was that it was considered desirable to prevent a public trust from being harassed or put to legal expenses by reckless or frivolous suits being brought against the trustees and hence a provision was made for the leave of the ..... whether the persons suing were persons who had an interest in the trust, but also whether the trust was a public trust of the nature defined in the section and whether there were prima facie grounds for thinking that there had been a breach of trust. ..... counsel for the respondents contended that it is not open to this court to grant leave to institute the suit under section 92 cpc in the present case, as on the petitioners' own showing, they ceased to have any interest in the .....
Tag this Judgment!Court : Delhi
..... that after registration of case fir no.868/2014 at ps-sarita vihar for the offences punishable under sections 429 ipc read with section 11 of the prevention of cruelty to animals act, 1960, the custody of the animals were with the petitioner. ..... will reveal to you that the hon ble supreme court had expressed the view in that matter, that in a complaint of cruelty to animals, when there is apprehension of slaughter, the case property animals must not be given into the custody of the accused during the pendency of the trial. ..... vehemently oppose the release of custody of animals to owners / persons against whom allegations of cruelty or allegations of slaughter in respect to animals not permitted to be slaughtered, have ..... as claimed by the petitioner that they have given proper treatment and take care of the animals whereas 3 camels out of 15 have already died in their custody and to that effect neither they have given any information to the ..... imposition of conditions may also not serve the required purpose as the court shall not be able to supervise the compliance of such conditions like not treating the animals with cruelty or their safe transportation. ..... is opined that mere undertaking of applicant that he shall not treat the camels with cruelty is not sufficient to safeguard the larger health interests of the ships of the desert ..... cruelty will be meted out to the case property animal under ..... cruelty to camels stands confirmed by the concerned doctor at duty at sanjay gandhi animal .....
Tag this Judgment!Court : Delhi
Reported in : ILR1995Delhi49
..... learned counsel has pointed out that section 11 chapter iii of the prevention of cruelty to animals act, 1960 is violated. ..... chapter 9 of the delhi police act, 1978 gives special powers to the police to take action against persons responsible for the cruelty to animals.13. ..... than those pertaining to the delhi electric supply undertaking and of any other act for the time being in force which confers any power or imposes any duty on the corporation shall vest in the commissioner who shall also-- (a) exercise all the powers and perform all the duties specifically conferred or imposed upon by this act or by any other law for the time being in force ;(b) prescribe the duties of, and exercise supervision and ..... control over the acts and proceedings of, all municipal officers and other municipal employees other than the municipal secretary and the municipal ..... the entire executive power for the purpose of carrying out the provisions of this act vest in the commissioner except pertaining to the delhi electricity supply undertaking ..... the delhi police act gives wide powers to the police to take action against the offenders ..... committee must send its monthly report to the high-powered committee, set up by this court. .....
Tag this Judgment!Court : Delhi
..... it is alleged that while those animals were transported for the purpose of being slaughtered, an fir was registered for alleged violation of provision of prevention of cruelty to animals act, 1960, and the specific allegations in the fir was that the animals were transported for being slaughtered and the animals were tied very tightly to each other. ..... brief facts of the matter are that on 2nd august, 2014 on the statement of the petitioner herein namely gaurav gupta fir no.581/2014 under section 11 of prevention of cruelty to animal act read with section 429 ipc was registered at police station, vivek vihar, delhi. ..... d) awbi and governments are directed to take steps to prevent the infliction of unnecessary pain or suffering on the animals, since their rights have been statutorily protected under sections 3 and 11 of pca act. ..... from a plain reading of the provisions, above noted, it is evident that sub-section (1) of section 35 enables the state government to appoint infirmaries for the treatment and care of animals in respect of which any of the offences under the act has been committed and to authorise the detention of such animals pending their production before a magistrate. .....
Tag this Judgment!Court : Delhi
..... it is alleged that while those animals were transported for the purpose of being slaughtered, an fir was registered for alleged violation of provision of prevention of cruelty to animals act, 1960, and the specific allegations in the fir was that the animals were transported for being slaughtered and the animals were tied very tightly to each other. ..... brief facts of the matter are that on 2nd august, 2014 on the statement of the petitioner herein namely gaurav gupta fir no.581/2014 under section 11 of prevention of cruelty to animal act read with section 429 ipc was registered at police station, vivek vihar, delhi. ..... d) awbi and governments are directed to take steps to prevent the infliction of unnecessary pain or suffering on the animals, since their rights have been statutorily protected under sections 3 and 11 of pca act. ..... from a plain reading of the provisions, above noted, it is evident that sub-section (1) of section 35 enables the state government to appoint infirmaries for the treatment and care of animals in respect of which any of the offences under the act has been committed and to authorise the detention of such animals pending their production before a magistrate. .....
Tag this Judgment!Court : Delhi
..... 2316/2017 page 1 of 5 enacted in exercise of powers conferred under section 38 of the prevention of cruelty to animals act, 1960.2. ..... the affidavits filed before us has disclosed any aspect of compliance with the provisions of the prevention of cruelty to animals act, 1960 as well as rules 47 to 56 of the transport of animals rules, 1978 thereof. ..... cannot be denied that the issues flagged by the writ petitioner are important and that the requirement with the statutory provisions of prevention of cruelty to animals act, 1960 as well as rules 47 to 56 of the transport of animals rules, 1978 is mandatory. ..... of the above, it is directed that the respondents shall ensure compliance of the provisions of the prevention of cruelty to animals act, 1960 as well as rules 47 to 56 of the transport of animals rules, 1978.12. ..... order has been issued to ensure compliance of provisions of the prevention of cruelty to animals act, 1960.6. ..... respondents union of india the secretary ministry of environment, forest and climate change, ministry of home affairs, ministry of road transport and highways, ministry of food processing industries animal welfare board of india, government of delhi and nct through the secretary environment, department of home, department of food safety and east delhi municipal corporation for issuing guidelines to be followed by the slaughter houses and ..... set up a raiding team to prevent and curb illegal transport of cattle and for enforcement of transport of animal rule, 1978. w.p. .....
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