Judgment Search Results Home > Cases Phrase: prevention of cruelty to animals act 1960 section 37 delegation of powers Court: madhya pradesh

Jadugar Anand Vs. State of M.P. and ors.

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. ..... 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. ..... 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. .....

islam Vs. State of M.P.

Court : Madhya Pradesh

Reported in : 2001(2)MPHT89; 2001(2)MPLJ627

..... after completing the investigation a challan was filed against the applicant by the police before the judicial magistrate first class, budhar, under the provisions of prevention of cruelty to animals act, 1960 (act no. ..... therefore, both the courts-below erred in ordering confiscation of the animals belonging to the applicant, in exercise of powers under section 29(1) of the act.12. ..... the exercise of powers by the court under section 29(1) of the act depends upon the fact if the conditions mentioned in section 29(2) thereof are reasonably found to be proved. ..... the exercise of power under section 29(2) of the act does not amount to conviction of the applicant. ..... the learned counsel for the applicant further argued that there would be no occasion for exercise of powers under section29 of the act under the facts and circumstances of the case and both the courts-below have wrongly held that the provisions of that section were attracted.7. ..... 'it has been argued by the learned counsel for the applicant that there is no occasion for exercise of powers under section 29(1) of the act because it has not been shown, by evidence, as to a previous conviction of the applicant or as to the character of the owner or otherwise as to the treatment of the animals that the animals, if left with the owner, they are likely to be exposed to further cruelty.10. ..... therefore, the only question is whether the court-below should have exercised its power under section 29 of the act. .....

Munshi and ors. Vs. State of M.P.

Court : Madhya Pradesh

Reported in : 2008(2)MPHT447

..... 220/07 has been registered by police yd nagar, mandsaur in respect of the same catties and the catties were seized and offence was registered under different sections of madhya pradesh krishi pashu parikshan adhiniyam, madhya pradesh gowansh pratishedh adhiniyam as well as prevention of cruelty on animals act, etc. ..... the short question which is involved in this petition is only this that whether a condition of depositing value of the catties in cash can be imposed while handing over the catties in temporary custody under sections 451 and 457 of the cr. pc.2. .....

Secretary, Gopal Goshala Jhonkar Vs. Ramesh S/O Badrilal and ors.

Court : Madhya Pradesh

Reported in : 2009(4)MPHT182

..... to 3 under section 11(1)(a), (b), (c) and (2) of prevention of cruelty to animals act, 1960 and under sections 3,4 and 9 of ..... is alleged that while those animals were 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 ..... adhiniyam, 2004, prevention of cruelty to animals act, 1960 etc. ..... 348, where the prosecution was under the prevention of madhya pradesh krashak pashu parirakshan adhiniyam, 1959 and prevention of cruelty to animals laws repealing act, cattle were seized from the possession of accused and the allegation was that the cattle were being transported for slaughtering purposes which is prohibited under the law and the ..... 2 under section 451 of cr.pc for giving the animals in supurdgi, which was allowed by learned jmfc, ..... recourse therefore can be taken to section 170 of the indian contract act, 1972 lays down bailee's particular lien which reads as follows:where the bailee has, in accordance with the purpose of the bailment, rendered any service involving the exercise of labour or skill in respect ..... offer for transport or cause to be transported any cow progeny from any place within the state to any place outside the state, for the purpose of its slaughter in contravention of the provision of this act or with the knowledge that it will be or is likely to be, so slaughtered.section 9. .....

Rajendra Sahu Vs. the State of Madhya Pradesh

Court : Madhya Pradesh

..... an offence under section 6 of mp govansh vadh pratishedh adhiniyam,2004, under section 11 of prevention of cruelty to animals act and under section 66/192 of motor vehicle act was registered by ps-kotwali shahdol vide crime no.276/12 against the petitioners.this petition under section 397/401 of cr.p.c.has been filed against the order dated 11.4.12 passed by learned cjm, shahdol in case no.276/12 dismissing the application filed by the petitioners under section 451/457 cr.p.c.on the ground that 29 calves seized were being transported for slaughtering. ..... young calves are used for agriculture purposes and they are costly and cannot be used for slaughtering purpose as generally slaughtering is done of the old aged animals, and considering that much time will be taken in disposing of the case, and petitioners cannot be deprived of their animals, hence, it is directed that said 29 calves (bachhade) be handed over to the petitioners on supurdnama on petitioners furnishing relevant papers and supurdnama of rs.2,000/-for each calf, i.e.total .....

ilias Vs. the State of Madhya Pradesh

Court : Madhya Pradesh

..... grounds which were served on the petitioner mainly relate to the slaughtering of cows and their transportation contrary to the provisions of m.p.govansh vadh pratishedh adhiniyam evam niyam, 2004, and prevention of cruelty to animals act, 1960. ..... .wherein the supreme court has held that if the offences complained of against the person are of a nature which can be dealt with under the ordinary law of land, taking recours.to the provisions of preventive detention is contrary to the constitutional guarantees enshrined in article 19 and 21 of the constitution. ..... in these proceedings, we are not concerned so much with the commission of the alleged offence as it has no impact on public order since section 3(2) of the act empowers the authorities to detain a person acting in any manner prejudicial to the maintenance of public order etc. ..... petitioner has challenged the order dated 21.2.2012 passed under section 3(2) of the national security act, 1980, (hereinafter referred to as the act ) and his detention thereunder. ..... well known to law that there may be offences which may not affect public order for the maintenance of which the parliament has enacted preventive detention law. ..... incident is, thus, clearly one, which happened on a highway and it is difficult to apprehend how the incident could have had any impact on public order as is understood by courts occurring in section 3(2) of the act. ..... no.2, district magistrate, has passed the order detaining the petitioner under section 3(2) of the act. .....

Bablu Vs. the State of Madhya Pradesh

Court : Madhya Pradesh

..... they were taking those bullocks to maharashtra and therefore, a case for offence punishable under section 11 of the prevention of cruelty to animals act and sections 4, 6 and 9 of m.p.co.slaughter prohibition act was registered. ..... on the assurance given by the learned counsel for the applicants, the petition under section 482 of the cr.p.c.may be accepted with the condition that the applicants shall deposit a sum of rs.9,000/- for each and every bullock before the trial court with m.cr.c.no.8243/2013 supurdginama that as and when ..... with the aforesaid directions, the present petition under section 482 of the cr.p.c filed by the applicants is hereby disposed off. ..... the applicants have moved the present petition under section 482 of the cr.p.c.against the order dated 13.6.2013 passed by the learned second additional sessions judge, waraseoni in criminal revision no.60/2013, whereby the application of the applicant relating to supurdginama of various bullocks was dismissed. .....

Shyam Narayan Chouksey Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Reported in : AIR2003MP233; 2004(3)MPLJ216

..... victims of as perpetrators or as forced witness to violence, or showing children as being subjected to any form of child abuse ;(b) showing abuse or ridicule of physically and mentally handicapped persons; and(c) showing cruelty to, or abuse of, animals, are not presented needlessly;(iv) pointless or avoidable scenes of violence, cruelty and horror, scenes of violence primarily intended to provide entertainment and such scenes as may have the effect, or desensitising or dehumanising people are not shown;(v) scenes which have the effect ..... in this backdrop a prayer has been made to issue a writ in the nature of mandamus or any other appropriate writ directing respondents to immediately prevent the commercial use of the national anthem in the film and to appoint a committee of experts for viewing the film and to necessary action against the respondents for commercial use and alternatively ..... in this context we may profitably refer to the statement of objects and reasons to the prevention of insults to national honour act, 1971 (act 69 of 971) :'cases involving deliberate disrespect to the national flag, the national anthem and the constitution have come to ..... judge bench of the apex court in paragraph 10 has categorically observed that provisions of the prevention of insults to national honour act was enacted as the parliament has not been unmindful of national honour. ..... 1991 in exercise of powers conferred by sub-section (2) of section 5b of the cinematograph act in suppression of the .....

Dev Raj Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Reported in : 1991CriLJ2439

..... by this revision the accused challenges his conviction and sentence under section 7(1) read with section 16(1)(a)(i) of the prevention of food adulteration act, 1954, recorded by the trial court and affirmed by the appellate court.2 ..... the applicant was convicted under section 7(1) read with section 16(1)(a)(i) of the prevention of food adulteration act by the two courts below ..... conviction of the applicant under section 7(1) read with section 16(1)(a)(i) of the prevention of food adulteration act is maintained. ..... find that section 16 of the prevention of food adulteration act was recasted by act no. ..... if special and adequate reasons are mentioned and the offence falls within the first proviso to section 16(1), like the offence under consideration in this case, then a lesser minimums sentence of 3 months and a fine of ..... in such circumstances there was contravention of the provisions of sub-section (2-e) of section 13 of the act, under which second part of sample could have been sent only by the local (health) ..... that situation, after one part of the sample had been sent to the public analyst, another part of the sample could have been, and as contemplated by the provision of section 13(2-b) should have been, sent only by the local (health) authority. ..... said to have been committed at least 9 years back and also because the applicant who was aged about 50 years at that time, is now aged about 60 years, sending of whom back to prison will be gratuitous cruelty and also serve no useful purpose. .....