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 : Income Tax Appellate Tribunal ITAT Chandigarh
Reported in : (1982)1ITD610(Chd.)
..... not go to the provisions of the acts like the wild life (protection) act, 1972, and the prevention of cruelty to animals act, 1960, which treat the birds as animals, the dictionary meaning of the word "animals" clearly shows that its ordinary meaning will ..... , the main reason given for upholding the order made by the wto is that there is no definition of the word "animals" in the act and that interpretation of the same term in other acts cannot be imported so as to give the assessee benefit of this exemption. ..... assessee claimed exemption with regard to the share in the firm which was running a poultry farm can easily be described (sic) according to this dictionary meaning as "animals" because they are organised being having fife, sensation and voluntary motion.7. ..... on the facts and in the circumstances of the case, the aac was justified in treating the birds as not animals and denying the assessee exemption available under section 2(e) of the wealth-tax act, 1957 ("the act"). ..... "bird".but even according to the dictionary meaning that he relied upon and which does not appear to have been properly appreciated, the word "bird" itself connotes an animal because vertebrates are nothing but the backbone of animals as vertebrate is a joint of the backbone. ..... the exemption claimed under section 2(c)(2)(i) is not admissible to the assessee because birds with regard to which the exemption was claimed cannot be construed to be included in the word "animals" used in this clause which grants exemption.5. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1995Delhi49
..... knowing the fact that there is continued gross violation of the provisions of prevention of cruelty to animals act, 1960 the delhi police has been negligent in taking action against the offenders. ..... counsel has pointed out that section 11 chapter iii of the prevention of cruelty to animals act, 1960 is violated. ..... of the delhi police act, 1978 gives special powers to the police to take action against persons responsible for the cruelty to animals.13. ..... cause or excuse, cause any such substance to be taken by an animal; or(e) shall subject, or cause or procure, or being the owner permit, to be subjected, any animal to any operation which is performed without due care and humanity;(f) shall to there any horse, ass or mule under such conditions or in such manner as to cause that animal unnecessary suffering; such person shall be guilty of an offence of cruelty within the meaning of this act, and shall be liable upon summary conviction to imprisonment for a ..... hereunder :section 1--offences of cruelty (1) if any person-- (a) shall cruelly beat, kick, ill-treat, over-ride, over-drive, over-load, torture, infuriate, or terrify any animal, or shall cause, or procure or, being the owner permit any animal to be so used, or shall by want only or unreasonably doing or omitting to do any act, or causing or procuring the commission or omission of any act, cause any unnecessary suffering or, being the owner, permit any unnecessary suffering to be so caused to any animal; or(b) shall convey or carry, .....
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 : Kolkata
Reported in : (1993)1CALLT137(HC),96CWN1086
..... on behalf of the appellant that the society discharges certain public function or public duties for enforcing the provisions contained in the prevention of cruelty to animals act, 1960 (hereinafter referred to as the said act). ..... held on 28th november, 1988, the appellant, hospital surgeon of the society, was directed to assume the charge of veterinary inspector in order to carry out field work in the interest of maintaining the provisions of prevention of cruelty to animals act, 1960. ..... the appellant, a veterinary inspector in the respondent calcutta society for the prevention of cruelty to animals, was appointed by an order dated 31st july, 1981, issued by the respondent calcutta society for the prevention of cruelty to animals (hereinafter referred to as 'the society') as hospital surgeon of the society with effect from ..... society registered under the societies registration act and performs certain duty towards prevention of cruelty to animals. ..... society mainly and primarily are to prevent cruelty to animals. ..... an infirmary by the society and arrange for medical aid for the treatment of sick and injured animal involved in street accidents ;(v) to adopt all means, as provided in law to stamp out the most barbarous and agonising practice of phooka performed by the heartless and unscrupulous goalas ;(vi) to prevent all forms of cruelty likely to be done towards the dumb and defenceless animals within the city ; and(vii) to make necessary propaganda indicating lessons on kindness towards .....
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 : Mumbai
Reported in : 1997(4)ALLMR397; 1997(4)BomCR271
..... according to the petitioners, bull fights are in contravention of section 11(1) of the prevention of cruelty to animals act, 1968, hereinafter called as 'the said act'. ..... his further contention that blanket ban on holding such bull fights will result in financial loss to the bull owners cannot be a justification to the omission on the part of the respondents to implement the provisions of the said act and cannot be an answer to the claim of the petitioners for effective implementation of the provisions of the said act which deal with prevention of cruelty to animals. ..... considering the facts of the case it is, therefore, necessary to issue directions to the respondents to take all the steps to give full effect to the provisions contained in the said act and thereby to prevent cruelty to the animals thereby prohibiting bull fights & all other fights of like nature involving animals including birds which can cause injuries and cruelty to the animals. 26. ..... the respondents having failed to act and to take appropriate steps to prevent cruelty to the animals and to avoid the bull fights which result in inflicting pain and suffering to the animals, the petitioners are compelled to approach this court for necessary direction in the matter to the respondents. ..... in fact, to prevent such cruelty to animals it is obligatory upon the respondents to take action under the various provisions contained in the said act. 23. .....
Tag this Judgment!Court : Gujarat
Reported in : 1998CriLJ1337; (1997)2GLR1321
..... applications, which arises out of different orders with respect to interim custody of animals under the prevention of cruelty to animals act, 1960 (hereinafter referred to as 'the act of 1960'), the following questions arise for consideration :q-1 whether panjrapole has locus to apply and also approach to the high courts in the matter of interim custody?q-2 whether as a rule pending investigation, enquiry or trial, the custody of the animal should be given to panjarapole ?q-3 whether the owner of the animal alone is liable to pay the costs of maintenance of. ..... by one bhikhabhai under the provisions of prevention of cruelty to animal act, 1960 as well as under the provisions of bombay police act, as well as under rules 65 to 75 of the gujarat diseases of animals control act, 1963. ..... prevent infliction, unnecessary pain or sufferings on animals and further to prevent the cruelty to animals ..... counsel that the entire proceedings under the act of 1960 right from the seizure of the animal and the order of the concerned court, directing the interim custody, is illegal and without jurisdiction inasmuch as the offence under the act of 1960 or under the bombay police act or under the motor vehicles act are non-cognizable and hence, seizure of animal by police is illegal and without authority ..... be noticed that, looking to the nature of offence under the act of 1960, there may be hardly any necessity of the production of the animal in the court during trial for identification or for any other .....
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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