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 : Kolkata
Reported in : (1897)ILR24Cal881
..... the accused admitted the facts charged, and was convicted under section 3 of the prevention of cruelty to animals act (xi of 1890), and she was sentenced to pay a fine of rs. ..... both of these cases were decided under the cruelty to animals acts of 1849 and 1854, viz. ..... ' this definition was substantially to the same effect as that in the said statutes; and if we had to deal in the present case with the act of 1869, the definition of 'animal' as given therein would perhaps be an answer to the ease for the prosecution, for a crab is neither a domestic or tamed quadruped, nor a domestic or tamed bird. ..... these two statutes were passed in 1849 and 1854, respectively; and we rind that in the act which the legislature in this country passed on the subject in 1869 (bengal act i of 1869) and which evidently followed the english statutes, 'animal' was thus defined: 'the word 'animal' shall be taken to mean any domestic or tamed quadruped or any domestic or tamed bird. ..... clearly, therefore, the provisions of act xi of 1890 apply to cruelty exercised towards any animal which is either 'domestic' or which being ferae naturae has been 'captured' and is in captivity.7. ..... ' so long as an animal is ferae, nature, and it is not brought under subjugation and control of man, it stands upon a wholly different ground; but when it is captured or domesticated, the law protects it from cruelty, if such cruelty is practised at a place or in the manner laid down in the act.13. .....
Tag this Judgment!Court : Kolkata
Reported in : 18Ind.Cas.884
1. this is a rule on the district magistrate to show cause why the conviction and sentence should not be set aside, on the ground that the cruelty alleged did not take place in the street or place referred to in section 3 of the prevention of cruelty to animals act (xi of 1890) so as to bring the petitioner within the purview of that section.2. it appears that the petitioner tortured his cows by depriving them of water, and that these cows were tied up where the sufferings of the unfortunate animals could be witnessed by persons from the lane.3. in our opinion, it is clear that the offence comes within the act, and we see no reason to interfere.4. the rule is accordingly discharged. this order will also govern revision cases nos. 1450 to 1456 of 1912.
Tag this Judgment!Court : Kolkata
Reported in : [1947]15ITR9(Cal)
..... does, that 'the intention of these societies is to benefit the community,' the judge did not, so far as i know, rely upon evidence he had heard or read, but rather upon the fact that societies for the prevention of cruelty to animals had in previous cases been held to be charitable, land upon an assumption that the purpose of these societies was to prevent cruelty to animals. ..... to all such experiments on animals the society is opposed and, as a logical consequence, it is opposed to immunization of human beings against typhoid and diphtheria (case, paragraph 6).on the question of the extent to which cruelty or the infliction of pain or suffering is involved in experiments on animals, the matter stands as follows : the cruelty to animals act, 1876, was passed as a result of the report of the royal commission of the practice of subjecting live animals to experiments for scientific purposes, which was appointed in 1875 and reported in ..... this view he formed some nineteen years after the passing of the cruelty to animals act of 1876, and with the report of the royal commission of 1876 before him, as appears from the record of foveaux, in re, which we obtained from the ..... object is still 'the total abolition of vivisection, including in that term all experiments on living animals, whether calculated to inflict pain or not, and, for that purpose, the repeal of the cruelty to animals act, 1876, and the substitution of a new enactment prohibiting vivisection altogether' (case, paragraph 20). .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1962Cal428
..... 135 of air) where it is said :'but we substitute for the sentence of death the sentence of transportation for life, having regard to the time that has now elapsed since the occurrence and the probable motive of prevention of cruelty to a helpless woman. ..... or section 251a or section 260of the principal act, as amended by this act,shall not apply to, or affect any inquiry ortrial before a magistrate in which the magistrate has begun to record evidence prior to thedate of such commencement and which is pending on that date, and every such inquiry ortrial shall be continued and disposed of as ifthis act had not been passed'.the main and only object is therefore to prevent application of section 4(w), section 207-aor section ..... state of punjab : 1957crilj1009 their lordships following the above: two decisions came to the conclusion on the question of prejudice that:-''courts must act with a broad vision and look to the substance and not to technicalities and their main concern should be to see whether the, accused had a fair trial, whether he knew what he was being tried for, ..... dutta, to support his contention that in the present case the violation of the mandatory provision of section 116(c) of the amending act would be an incurable irregularity, it will be noticed that their lordships of the supreme court pointed out in that case that although the trial in that particular case was proceeded by taking a cognizance in violation of mandatory provisions of ..... 1 of 1960) : air1961cal560 .....
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