Court : Orissa
Reported in : 1976CriLJ418
..... code and section 11(1)(a) of the prevention of cruelty to animals act, 1960 run thus:-429. ..... code and section 11(1)(a) of the prevention of cruelty to animals act and sentenced to a fine ..... been imposed under section 11(1)(a) of the prevention of cruelty to animals act.2. ..... by killing, poisoning, maiming or rendering useless, any elephant, camel, horse, mule, buffalo, bull, cow, or ox, whatever may be the value thereof, or any other animal of the value of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with ..... being the owner permits, any animal to be so treated; xx xx xxhe shall be punishable, in the case of a first offence, with fine which may extend ..... -(a) beats, kicks, over-rides, over-drives, over-loads, tortures or otherwise treats any animal so as to subject it to unnecessary pain or suffering or causes or. ..... under article 115 (b) (ii) of the limitation act, 1963, the period of limitation for filing an appeal before the sessions judge is 30 days from the date of the sentence or order passed ..... section 5 of the limitation act, 1963, can be invoked by the petitioner for condoning delay if she satisfies the sessions judge that there was sufficient cause for not ..... case in which the revision application should be returned to the petitioner so as to enable her to file an appeal before the sessions judge after making an application for condoning the delay under section 5 of the limitation act.21. .....
Tag this Judgment!Court : Orissa
Reported in : 73(1992)CLT300; 1992CriLJ1871; 1991(II)OLR527
..... 428 and 429, ipc are intended to prevent cruelty to animals and consequent loss to the owner. ..... mischief referred in section 429, ipc relates to killing, poisoning, maiming or rendering useless any of the classified groups of animals whatever may be the value thereof, and any other animals of the value of fifty rupees or upwards. ..... while section 428, ipc deals with the animals of any kind of the value of ten rupees or upwards. ..... section 429 deals with some specified animals of any value, and other animals of fifty rupees or upwards. ..... the section specifies the more valuable of domestic animals without any regard to age. ..... but calcutta high court has held that bull and cow in section 429 include : young ones of those animals. ..... mischief involves a mental act with a destructive animus. .....
Tag this Judgment!Court : Orissa
Reported in : 78(1994)CLT449; 1995(I)OLR678
..... section 428 is intended to prevent cruelty to animals and consequent loss to the owner. ..... the evidence must prove-(i) that the accused caused the destruction of some property, or some change in such property or in the situation thereof; (ii) that the above act destroyed or diminished the value or utility of such property, or affected it injuriously, (iii) that the accused did as in intending or knowing that he was likely to cause loss or damage to the animal; (iv) that causing such damage or injury was wrongful; and (v) that the property injured consisted of any of the ..... section 429 deals with mischief by killing, poisoning, maiming or rendering useless of animals mentioned therein, of whatever value, or any other animal of the value of fifty rupees or upwards. ..... on the contrary, it is clearly provided in section 134 of the indian evidence act, 1872 that no particular number of witnesses shall in any case be required for the proof of any fact. ..... offence created by section 429 and the one under section 9(1) read with section 50 of the wild life protection act, 1972 are substantially the same offence. ..... section 429 provides for enhanced punishment owing to the greater value of the animals mentioned therein. ..... ipc except that it mentions particular animals, and a value in respect of the left-out animals. ..... in order to constitute act of mischief under section 429, there must be a physical injury from a physical cause. 7. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1992Ori242; 74(1992)CLT927
..... mahila samiti had constructed the hostel pursuant to the objects of the samiti as mentioned in its charter (the memorandum -- annexure-a/1, by which it had got itself registered under the societies registration act), we hold that the duty related to the running of the hostel is public in nature and any allegation about violation of the rules governing the admission, and any grievance about disciplinary action ..... shri mohapatra, a bright and sharp lawyer as he is, however, first brings to our notice the decision rendered in in re sant ran, air 1960 sc 932, in which a constitution bench observed as below in paragraph 11 :--'the argument that the word 'life' in article 21 of the constitutin includes 'livelihood' ..... 6 of the covenant as was finally adopted by the general assembly in its resolution dated 16-12-1966 providings, inter alia, the following :'nothing in this article shall be invoked to delay or prevent the abolition of capital punishment by any state party to the present covenant. ..... but then, olga tellishad duly taken note of sant ram's case (air 1960 sc 932) in which article 21 was pressed into service by urging that the action of the registrar of the supreme court by including the name of the petitioner in the list of ..... between the need of an animal and a human being for shelter ..... the covenant corresponding to article 5 of the universal declaration of human rights which re-affirmed that no one shall be subjected to torture, cruelty, inhuman or de-grading treatment or punishment. .....
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