Court : Madhya Pradesh
Reported in : 2009(4)MPHT182
..... 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 ..... section 11(1)(a), (b), (c) and (2) of prevention of cruelty to animals act, 1960 and under sections 3,4 and 9 of ..... 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 ..... being aggrieved by the order passed by the sessions court, whereby the case was remanded for disposal of the application of the accused persons for giving the animals in their custody a further revision was filed by the petitioner before this court, which was dismissed vide order dated 17-4-06 and the order dated 24-2-06 passed by learned sessions court was ..... was confirmed by this court vide order dated 17-4-06, learned judicial magistrate disposed of the application vide order dated 26-5-06, whereby the application filed by the accused respondents for giving the animals in their custody was dismissed, against which a revision petition was filed by the accused persons before the learned revisional court. .....
Tag this Judgment!Court : Mumbai Nagpur
..... by the order impugned herein, the learned magistrate has released the custody of 13 she-buffaloes to respondent no.2, who is one of the accused persons in crime no.3068 of 2014 for the offences punishable under section 11 of the prevention of cruelty to animals act, 1960 (hereinafter referred to as the act, 1960) read with section 119 of the bombay police act and also sections 83 and 177 of the motor vehicles act. 5. ..... it is directed that respondent no.2 shall comply with the conditions stated in rule 47 and rule 56 of the prevention of cruelty to transport of animals rule, 1978 and shall produce appropriate certificates/transport permits as required under these rules before the court of j.m.f.c. ..... he submits that the prosecution has not produced on record any evidence indicating that respondent no.2 has been previously convicted and therefore, in view of section 29 of the act, 1960, there would be no possibility of the seized animals being confiscated in this case. ..... so far as the aspect of possibility of seized animals being confiscated at the end of trial is concerned, i am of the view that section 29 of the act requires some evidence as to conviction or some material indicating that the character of the accused or behaviour of the accused is such that it is likely to give an impression that the custody of animals when given to him, would be misused by his treating the animals with further cruelty and this material, at this stage, is not available on record. .....
Tag this Judgment!Court : Karnataka
..... , an animal welfare activist, filed a compliant on 19.09.2020 to the inspector, puttenahalli police station, against the accused for the offences relating to animal cruelty and the said complaint came to be registered in crime no.181/2020 for the offences punishable under section 11 of the prevention of cruelty to animals act, 1960 ( pca act for short) and also invoked section 428 of ipc and the matter is pending before the learned magistrate.3. ..... such being the case, the petitioner filed an application under rules 3 and 4 of the prevention of cruelty to animals (care and maintenance of case property animals) rules, 2017, ( pca rules, 2017 for short) seeking for a direction from the court below permitting custody of the aforesaid ten dogs to the petitioner, pending disposal of the above criminal proceedings and also ..... rule 3 of the prevention of cruelty to animals (care and maintenance of case property animals) rules, 2017 reads as follows: 3. ..... the main grounds urged in the petition is that the case is registered under section 11 of the pca act on the allegation that the animals that are subjected to cruelty cannot remain in the custody of the owner of such animal, pending investigation. .....
Tag this Judgment!Court : Chennai
..... cause mutilation and amount to cruelty to animals as per the prevention of cruelty to animals act, 1960 (shortly "the act") and is therefore a ..... procedures relating to tail docking and ear cropping, they have to face stringent action under the act, as the same is an offence, it is necessary to extract sections 9, 10 and 11 of the act, which read as follows: "9.functions of the board the functions of the board shall be - (a)to keep the law in force in india for the prevention of cruelty to animals under constant study and advise the government on the amendments to be undertaken in any such law ..... from time to time; (b)to advise the central government on the making of rules under this act with a view to preventing unnecessary pain or suffering to animals generally, and more particularly when they are being transported from one place to another ..... or when they are used as performing animals or when they are kept in captivity or confinement; (c)to advise the government or any local authority or other person on improvements .....
Tag this Judgment!Court : Chennai
..... pursuant to which 1st respondent police registered a case in cr.no.1399 of 2012 u/s 11(1) d and h of prevention of cruelty to animals act 1960, and seized the cattle that were being transported illegally by the 2nd respondent/accused by name durgavaraprasad tamrapu, who is the ..... (1) ctc 175.which is not applicable to the case on hand involved in the prevention of cruelty to animals act, 1960. ..... the proceedings of the collector of chennai dated 14.11.2012 in which society for prevention of cruelty of animals was reconstituted by appointment of members. ..... order the revision petitioner is member of managing committee of the society for prevention of cruelty to animals constituted by the district collector, chennai vide roc.not c2/38263/2009, dated 14.11.2012 and is interested in the safety of animals in question. ..... the learned counsel for the petitioner would submit that as per the provisions of pca act, the accused/owner is not entitled to take custody of the animals, that under the transport of cattle rules, every consignment of cattle should bear the name of consignor and the consignee, but in this case the trucks did not carry the ..... provision contained in sub-section (1), the court may also order that a person convicted of an offence under this act shall, either permanently or during such period as is fixed by the order, be prohibited from having the custody of any animal of any kind whatsoever, or as the court thinks fit of any animal of any kind or species specified in the order. .....
Tag this Judgment!Court : Supreme Court of India
..... out by the learned advocate for the petitioner, the transport of animals rules, 1978 framed pursuant to enabling provision contained in section 38 of prevention of cruelty to animals act, 1960 clearly lay down various elaborate provisions laying down specification for transportation of animals. ..... was registered at parbhani rural police station on 17 march 2019 for offences punishable under section 5a of the maharashtra animal preservation (amendment) act 19951 and section 6 of the 1 amendment act 1995 (brought into force on 4 march 2015) 1 crl.a.1719/2022 maharashtra animal preservation act 19762, section 11(1)(d) of the prevention of cruelty to animals act 19603, section 117 of the motor vehicles act 1988 and other allied provisions.4. ..... also filed an application on 22 march 2019 for interim custody of the cattle till the conclusion of the trial under the proviso to section 8(b) of the maharashtra act and rules 3, 4, and 5 of the prevention of cruelty to animals (care and maintenance of case property animals) rules, 2017.5. ..... owner; (2) whether it is the first offence alleged or he has been found guilty of offences under the act earlier; (3) if the owner is facing the first prosecution under the act, the animal is not liable to be seized, so the owner will have a better claim for the custody of the animal during the prosecution; (4) the condition in which the animal was found at the time of inspection and seizure; (5) the possibility of the animal being again subjected to cruelty. .....
Tag this Judgment!Court : Mumbai
Reported in : 1987(3)BomCR713; 1988MhLJ293
..... the prevention of cruelty to animals act, 1960 has laid down enough guidelines including presumption as to guilt, power of the court to deprive a person convicted of ownership of the animal, right to the custody of the animal, and treatment and care of the animals etc. ..... it is their case that many times it is noticed that animals are carried in a truck, in such a manner which in itself is an offence under the prevention of cruelty to animals act, 1960. ..... cattle heads are being transported in a truck in breach of the provisions of the prevention of cruelty to animals act. ..... our attention was also drawn by the learned counsel appearing for the petitioners towards the provisions of the bombay animal preservation act, 1984 as amended by the state of gujarat and the decision of the supreme court in haji usmanbhai hasanbhai qureshi & others v. ..... the act is enacted to provide for the prevention of slaughter of cows and for reservation of certain other animals suitable for milch, breeding, draught or agricultural purpose. ..... section 11(d) and (e) of the said act lays down, that if any person conveys or carries, whether in or upon any vehicle, any animal in such a manner or position as to subject it to unnecessary pain or suffering or keeps or contines any animal in any cage or other receptacle which does not measure sufficiently in height, length and breadth to permit the animal a reasonable opportunity for movement etc. .....
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. ..... offence alleged against the owner; (2) whether it is the first offence alleged or he has been found guilty of offences under the act earlier; (3) if the owner is facing the first prosecution under the act, the animal is not liable to be seized, so the owner will have a better claim for the custody of the animal during the prosecution; (4) the condition in which the animal was found at the time of inspection and seizure; (5) the possibility of the animal being again subjected to cruelty. ..... 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. ..... sheep and goats to jammu and kashmir for slaughtering which not only amounts to cruelty to the animals but is also harmful to the health of human beings.6. .....
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. ..... offence alleged against the owner; (2) whether it is the first offence alleged or he has been found guilty of offences under the act earlier; (3) if the owner is facing the first prosecution under the act, the animal is not liable to be seized, so the owner will have a better claim for the custody of the animal during the prosecution; (4) the condition in which the animal was found at the time of inspection and seizure; (5) the possibility of the animal being again subjected to cruelty. ..... 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. ..... sheep and goats to jammu and kashmir for slaughtering which not only amounts to cruelty to the animals but is also harmful to the health of human beings.6. .....
Tag this Judgment!Court : Gujarat
Reported in : 2001CriLJ897; (2000)4GLR685
..... from the impugned order that 17 calves were seized and inquiry and investigation under section 35(2) of the prevention of cruelty to animals act, 1960 was initiated against the respondent no.2. ..... 35(2) of the prevention of cruelty to animal act is a special ..... it shall consider whether it is the first offence alleged or he has been found guilty of offences under the act earlier;(3) if the owner is facing the first prosecution under the act and the animal is not liable to be seized so the owner will have a better claim for the custody of the animal during the prosecution;(4) the condition in which the animal was found at the time of inspection and seizure is also to be considered by the court;(5) the court ..... there is also no possibility that the animal will be subjected to cruelty, the sessions judge in the impugned order, while exercising discretion, has specifically directed that no cruelty shall be practised towards the cattle, namely, calves which were given in the interim custody of the ..... thus, when the rival claims of panjarapole and the real owner to the interim custody of the animal are considered the panjarapole can not claim preferential right of interim custody, in view of this verdict of ..... magistrate has discretion to hand over interim custody of the animal to panjarapole, but he is not bound to hand over custody of animal to panjarapole in the event of not sending it to ..... 35 of the act the apex court held that the magistrate may direct that the animal concern shall be sent .....
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