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. ..... '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. ..... (2) no order under sub-section (1) shall be made unless it is shown by evidence as to a previous conviction under this act or as to the character of the owner or otherwise as to the treatment of the animal that the animal, if left with the owner, is likely to be exposed to further cruelty. ..... even if he has been found to be guilty under the act, it cannot be said that the act of conveying the animals in confinement by the applicant shall be repeated by him in a cruel manner when the applicant was already punished, as the prosecution has not been able to establish this aspect of the matter by placing sufficient material on record in this .....
Tag this Judgment!Court : Chennai
Reported in : 2004CriLJ2420
..... haridas to the 'prevention of cruelty to animals act, 1960', more particularly to section 9(g) thereunder, which obligates the animal welfare board of india constituted under that act to encourage by the grant of financial assistance or otherwise, the formation or establishment of pinjrapoles, rescue homes, animal shelters, sanctuaries and the like, where animals and birds may find a shelter when they have become old and useless ..... nadu' would reveal that the animal welfare board of india (awbi) was established by the government of india in 1962 as a statutory autonomous body under section 4 of the prevention of cruelty to animals act, 1960. ..... this practice is being regularly done in almost all the areas, in spite of the existence of the prevention of cruelty to animals act and the rules framed thereunder, as also the government orders.18. ..... the board, could be better co-ordinated, so that any information with regard to the goshalas that exist in the state of tamil nadu, will be readily available in one place, so that anyone interested in animal welfare, can, through the board, obtain the particulars with regard to the goshalas that are located in different parts of the state and the institutions which run those goshalas. ..... by this co-ordination, information with regard to goshalas will be readily available in one place, so that anyone interested in animal welfare, can, through awb, obtain particulars with regard to the goshalas that are located in different parts of the state and .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC1048; 2007(2)AWC2001(SC); JT2007(2)SC509; (2007)4MLJ1064(SC); RLW2007(2)SC1008; 2007(2)SCALE235; (2007)2SCC413
..... stray cattle and animals will be in conformity with the laws providing for their safety and prevention of injuries to them including prevention of cruelty to animals act, 1960. ..... their cattle from coming to the roads had failed to appreciate the genuine problems of shifting the animals, especially in terms of the report of the specialist that barli was a hilly area and cows and other ..... zoning and building regulations are also legitimised from the point of view of the control of community development, the prevention of overcrowding of land, the furnishing of recreational facilities like parks and playgrounds and the availability of adequate water, ..... evaluate the progress made by the milkmen in preventing the animals from moving on the roads. 14. ..... used plastic bags and other plastic materials must be separated from other garbage and destroyed to prevent their consumption by cattle, bulls and other animals;6. ..... act; that, the high court was not justified in not appreciating the fact that the land allotted for shifting of cattle and bulls of the milkmen was located in a hilly area and no rehabilitation facilities were provided by the authorities to facilitate the shifting of the cattle; and that, the high court erred in not considering the fact that the committee set up for monitoring the progress made by the milkmen for preventing .....
Tag this Judgment!Court : Chennai
Reported in : (2007)5MLJ135
..... 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.. ..... directed the state and the authorities concerned to take immediate steps to ban all types of village sport-events such as 'jallikattu', 'rekla race' (bullock cart race), 'oxen race' or any other entertainment involving causing cruelty to animals in the state of tamil nadu and further directed the authorities concerned to strictly comply with the order and the provisions of the prevention of cruelty to animals act, 1960 (hereinafter referred to as 'the ..... the prevention of cruelty to animals act, 1960 was enacted with the object to prevent the infliction of unnecessary pain or suffering on animals. ..... 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.... .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2010SC475; 2010CriLJ379; JT2009(14)SC102; 2009(13)SCALE563; (2010)1SCC237
..... 1 to 6 are further directed not to commit any offence under the prevention of cruelty to animals act, 1960 in respect of the surviving animals and submit an undertaking to that effect to the police officer in-charge of the police station at ..... 2008, registered 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. ..... complaint against ramjanbhai ibrahimbhai sindhi and others for 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 (for short the 'act') and sections 5, 6 and 8 of bombay animal preservation act, 1954.4. ..... to 6 are guilty under section 11(1)(d) of the prevention of cruelty to animals act, 1960 and punished each of them with fine of rs ..... patan in accordance with the provisions of sub-section (4) of section 35 of prevention of cruelty to animals act, 1960, within a period of one month, i.e. ..... 6 under section 11(1)(d)of the prevention of cruelty to animals act, 1960 and imposition of fine of rs ..... petitioners before the high court, are not accused of commission of any offence even remotely, even then the learned single judge of the high court has convicted them under section 11(1)(d)of the prevention of cruelty to animals act, 1960 and imposed a fine of rs. .....
Tag this Judgment!Court : Gujarat
Reported in : 1996CriLJ136; (1996)1GLR19
..... having regard to the facts and circumstances emerging from the record of the present case and the relevant provisions of section 35 of (the) prevention of cruelty to animals act, 1960 and the limited scope of revision under sections 397 and 401 of the code of criminal procedure, this court is of the opinion that there is no justification for interference with the ..... prevention of cruelty to animals act, 1960 is enacted to prevent infliction of unnecessary pain or suffering on animals and for that purpose to amend and codify all laws relating to the prevention of cruelty to animals ..... prevent the infliction of unnecessary pain or suffering on animals and for that purpose, the parliament has enacted a legislation known as the prevention of cruelty to animals act, 1960 which came into force on 26th december, 1960 (act 59 of 1960 ..... impugned order under section 35(4) of the prevention of cruelty to animals act, 1960 could not be said to be illegal ..... application are examined, it would be necessary to refer to provision of section 35 of (the) prevention of cruelty to animals act, 1960. ..... the facts and circumstances emerging from the record of the present case and after considering main principles and desideratum of important provisions made in the bombay animal preservation act, 1954 and (the) preservation of cruelty to animals act 1960 and also considering the fact that the jurisdictional sweep of this court under the provisions of sections 397 and 401 of the criminal procedure code is .....
Tag this Judgment!Court : Chennai
Reported in : AIR2006Mad255
..... it is the duty of the state to see to it that the prevention of cruelty to animals act, 1960 is duly implemented in letter and spirit to fulfil the object with which the said act has been enacted;2. ..... whipping, beating kicking or otherwise treating any animal cruelly is punishable under the prevention of cruelty to animals act, 1960 (in short, pca act).10. ..... section 11 of the prevention of cruelty to animals act, 1960, deals with the offences for treating animals cruelly. ..... the andhra pradesh high court by the judgment dated 5-12-1989 has quashed the government order finding that it is violative of article 51-a of the constitution of india r/w section 11 of prevention of cruelty to animals act r/w rules framed thereunder.31. ..... in view of the provisions of prevention of cruelty to animals act, this jallikattu is no more fun or veeravilayattu, but clearly falls within the ambit of section 11(a) of p.c.a. ..... act and prevention of cruelty to animals and to show more concern towards the animals.24. ..... it is high time that the state government shoulders greater responsibility in taking up the cause of animals and preventing the cruelty to animals by effective implementation of the provisions of pca act. .....
Tag this Judgment!Court : Kerala
Reported in : 2006(1)KLT47
..... they also submit that the petitioners have committed various offences under the provisions of the prevention of cruelty to animals act, 1960, by bringing the camels here, by exhibiting them and keeping them in kerala, where, the weather is inclement, as far as the camels are concerned. ..... section 11 of the prevention of cruelty to animals act, 1960 prohibits cruelty to animals in various forms, described in that section. ..... , registered under the provisions of the prevention of cruelty to animals act, 1960. ..... the learned counsel for the respondents took me through the various provisions of the kerala municipality act, the kerala panchayat raj act, the travancore cochin public health act, the prevention of cruelty to animals act and also the relevant rules made thereunder and submitted that it is not legally permissible to slaughter a camel in kerala and sell its meat.8. ..... they submit, the actions of the petitioners are against the provisions of the prevention of cruelty to animals act, the kerala municipality act, the travancore cochin public health act and also against the various rules framed under those enactments. ..... the petitioners also have acted against the provisions of the prevention of cruelty to animals act, 1980, it is submitted. ..... rule 3(2)(iv) of the prevention of cruelty to animals (slaughter house) rules, 2000, provides that no person shall slaughter any animal, unless, it has been certified by a veterinary doctor that it is in a fit condition to be slaughtered.9. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1998Bom71; 1997(4)ALLMR489; 1998(4)BomCR418; 1998(1)MhLj484
..... to birds, despite there being full protection under the provisions of the wild life (protection)act, 1972 and the rules framed thereunder, particularly by preventing the entry and sale of wild birds in the city of mumbai and the state of maharashtra, it is submitted that, despite the provisions of the prevention of cruelty to animals act, 1960 and the rules framed thereunder, the respondents are not taking any action against the persons who ..... similarly, provisions of the prevention of cruelty to animals act, 1960 are also referred to, which define the word 'animal' to mean ' any living ..... the petitioners, to assist the committee, (2) the functions of the committee, inter alia, shall be --- (a) to suggest ways and means to ensure compliance with provisions of wild lite (protection) act, 1972, and prevention of cruelly to animals act, 1960 (b) to recommend amendments to plug loopholes, if any, and to otherwise make the provisions of the rules thereunder more effective; (c) to take immediate steps for preventing illicit trade of birds/animals andrelease of such birds/animals. ..... it has been submitted that, on the basis of the said acts, the central government has framed the following rules:-(a) prevention of cruelty to the performing animal rules, 1973, (b) transport of animals rules, 1978 and (c) prevention of cruelty (capture of animals) rules, 1972.it is submitted that, despite these acts and rules, birds are caught, inter alia, for the following purposes:-(a) sale in the cities as .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(5)BomCR43; 1998CriLJ1952; 1998(3)MhLj245
..... thus i am persuaded that the impugned order is passed in violation of the mandate of section 35(2) of the prevention of cruelty to animals act, 1960.15. ..... learned magistrate and contended that first of all there is no infirmary in india and therefore the custody could not be given to the sanjay gandhi national park which is admittedly not an infirmary as contemplated under section 35 of the prevention of cruelty to animals act, 1960. ..... it is relevant to mention that the prevention of cruelty to the animals act1960 has been enacted with an object to prevent the infliction of pain or suffering toanimals. ..... moreover, section 74 of the bombay police act also allows the police officer to take the animals to a veterinary officer, who may take the animals to an infirmary appointed under section 35 of the act of 1960. ..... an offence against this act has been instituted may direct that the animals concerned shall be treated and cared for in an infirmary, until it is fit to perform its usual work or is otherwise fit for discharge, or that it shall be sent to a pinjrapole, or if the veterinary officer in charge of the area in which the animal is found as such or veterinary officer as may be authorised in this behalf by rules made under this act certifies that it is incurable or cannot be removed without cruelty, that it shall be ..... also filed application dated 27-10-97 before the learned metropolitan magistrate's court to pass appropriate order to prevent the animals from being subjected to cruelty. .....
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