Court : Delhi
Reported in : AIR1997Delhi267b; ILR1997Delhi22
..... i), 27(b), 30(i),(iii), 33(b)(ii), 34, 35 and 37 of the wild life (protection) amendment act, 1991 (act no. 44 of 1991) (for short 'the amendment act') and the corresponding amendments/changes carried out in the principal act known as wild life (protection) act, 1972. these amendments/changes have been effected: (1) in section 2(2); (2) by ..... , 1976. a major development took place when the parliament in order to amend the wild life (protection) act, 1972, enacted on may 23, 1986 the wild life (protection) amendment act, 1986 (act no. 28 of 1986) where by several changes were effected in the principal act, including insertion of chapter va. on october 24, 1986, keeping in view the ..... 'specified date' in relation to ivory imported into india or an article made there from is the date six months from the commencement of the wild life (protection) act, 1991. that means, as per the above said provisions, dealers in imported ivory or articles made there from, or manufacturers of such articles were .....
Tag this Judgment!Court : Delhi
Reported in : 1997IIIAD(Delhi)333; 2(1997)CLT273; 67(1997)DLT145; 1997(42)DRJ131
..... 5(1), 27(b), 30(i)(iii), 33(b)(ii), 34, 35 and 37 of the wild life (protection) amendment act, 1991 (act no. 44 of 1991) (for short `the amendment act') and the corresponding amendments/changes carried out in the principal act known wild life (protection) act, 1972. these amendments/changes have been effected : (1) in section 2(2); (2) by introduction ..... the `specified date' in relation to ivory imported into india or an article made there from is the date six months from the commencement of the wild life (protection) act, 1991. that means, as per the above said provisions, dealers in imported ivory or articles made there from, or manufacturers of such articles were required ..... in civil writ petition nos. 1303/92 and 1964/93 the grievance of the petitioners is that though they are not covered by the wild life (protection) act, 1972 and the amendment act no. 44 of 1991, the authorities are taking action against them for their being in possession of mammoth ivory and articles made there from .....
Tag this Judgment!Court : Delhi
Reported in : 2010(250)ELT166(Del)
..... entry, the items are freely importable. once we look into the matter from this angle, the irresistible conclusion is that clearance from the wild life authorities in india under the wild life protection act is not required. under such circumstances, these kinds of matters would be covered by cites and all the nations signatory to the said ..... cites allowing the export from its country on the ground that these items are not restricted, insistence upon additional certificate by the authorities under the wild life protection act is meaningless in the facts of this case. insofar as demand of the appellant to produce country of origin certificate to check the origin of ostrich ..... thus, the lower authorities were clearly in error in treating the instant import as in violation of wild life protection act and cites.4. as already noted, the goods have been treated as offending only to the wild life protection act and cites and not under any other provision of law. since we have already held that the .....
Tag this Judgment!Court : Delhi
Reported in : 1994IAD(Delhi)13; 1994(28)DRJ281
..... dated 11.9.1974 the petitioner was found guilty of contravention of the provisions of section 40(2) and 49 of the wild life (protection) act and was convicted under section 51 of the wild life (protection) act and sentenced to undergo r.i. for a period of 1-1/2 years and also to pay a fine of rs. ..... and part ii of schedule ii and also trophies/uncured trophies covered under section 49 of the wild life {protection} act were recovered and for that offence which act was in contravention of section 40(2) and 49 of the wild life (protection) act and on 282 that account this petitioner was charged to face trial under sub-section hi of ..... custody or control of such captive animal, animal article, meat, trophy or uncured trophy. the recovered trophies/uncured trophies are covered under section 49 of the wild life (protection) act. (17) the court below discussed and dealt with the evidence in both the cases separately and found that this petitioner was in conscious possession, custody and control .....
Tag this Judgment!Court : Delhi
Reported in : 2004IAD(Delhi)132; 107(2003)DLT684
..... fuscus does not require any license and is free from any condition with regard to obtaining any no objection from the wild life authorities under the wild life (protection) act, 1972 (hereinafter referred to as the said act). learned counsel for the petitioner has referred to section viii, chapter 41 of the itc(hs) classification of export and ..... here also imports are free and no import license is required. however/a condition to the policy is prescribed and that condition is 'imports subject to wild life (protection) act, 1972 and cites'. the contention of the learned counsel for the petitioner is that if the petitioner imported raw hides skin of the very same reptile ..... if the import of tanned skin of caiman crocodilus fuscus is indicated in the policy as 'free', it would still be prohibited by virtue of the wild life (protection) act, 1972. he submitted that the import policy made it clear that insofar as the imports were concerned, no license was required. however, this does not .....
Tag this Judgment!Court : Delhi
Reported in : AIR1997Delhi301; 1997(41)DRJ604; (1997)117PLR66
..... made of skin, hereinafter referred to as the 'animal articles'. (2) the petitioners in the above writ petitions had challenged the introduction of provisions of chapter va in the wild life (protection) act, 1972 by wild life (protection) amendment act 1986, together with notification issued there under as being vocative of article 19(1)(g) read with articles 300 and 300a of the constitution of india. (3) we ..... to civil writ petition no.2750 of 1986 and civil writ petition no-3586 of 1987. (16) apart from challenging the constitutional validity of 1986 amendment and provisions of the wild life protection act, learned counsel for the petitioners submitted that the petitioners should be permitted to dispose of their existing stocks which have been duly declared and identified by the respondents. learned counsel .....
Tag this Judgment!Court : Delhi
Reported in : 70(1997)DLT401
..... was passed in the following terms : 'we have seen the hindi version of the notification published on 30th september, 1991 and found that chapter v-a of the wild life (protection) act, 1972, as amended up to 2nd october, 1991, came into force with effect from 2nd october, 1991 and the business in imported ivory can be carried only till ..... a free trade. in 1986, the trade in ivory imported into india was brought under the provisions of the wild life (protection) act, 1972 (in short referred to as 'the act') and in accordance with. the provisions of section 44 of the act, no person could carry on or commence business in articles made of ivory imported into india unless a license ..... earlier notification so as to read accept sections 13,22,26 30(ii) and 39 insofar as its provisions relate to clause c of new section 55 substituted in wild life (protection) amendment act, 1972 (53) 1972' in place of the words 'except sections 33a, 44(ii)(o), 55c, chapter iiia and chapter va'. the effect of the issue .....
Tag this Judgment!Court : Delhi
Reported in : 93(2001)DLT522; 2001(59)DRJ746
..... of detention of jai chand namely dd no.28/2000 ps darya ganj, dd no.26-a/2000 ps darya ganj, dd no.15-a/2000 ps darya ganj under wild life protection act, 1972. petitioner was involved in the case of killing of pawan gulati with fire arm on 19th august, 1996 for which case fir no.853/96 under section 392 ..... bad.the activities of the petitioner were such which affected the tempo of the society.as already pointed out above when the petitioner was arrested he was found violating the wild life act as he was wearing a necklace studded with tiger nail.he was also in possession of mobile phones, cash, blank signed cheques, two undated signed stamp papers.these documents ..... a necklace studded with tiger nail which was in blatant disregard of the law.he thus created an atmosphere of terror and fear in the area and made the life of the people difficult to live in peace.his criminal activities thus were prejudicial to the maintenance of public order.21. mr.harjinder singh contended that facts of fir .....
Tag this Judgment!Court : Delhi
Reported in : 2007(122)ECC7; 2007(148)LC7(Delhi); 2009(235)ELT60(Del)
..... this clandestine trade is abetted by illegal practices of poaching which have taken a heavy toll of our wild animals and birds. the stocks declared by the traders at the commencement of the wild life (protection) act, 1972 are still used as a cover for such illicit trade. attempts to acquire the declared stocks of ..... has a direct bearing on the issue involved in the present writ petition and reads as follows:amendment act 28 of 1986 - statement of objects and reasons - the wild life (protection) act 28 of 1972 provides for the protection of wild animals and birds and for matters connected therewith or ancillary thereto. 2. under the scheme of the ..... act, trade or commerce in wild animals, animal articles and trophies within the country is permissible and is regulated .....
Tag this Judgment!Court : Delhi
Reported in : AIR2000Delhi449
..... also explains that as regard animals, the possession and holding of which was not illegal under the wild life (protection) act, 1972, but were surrendered to the authorities, the petitioner may submit its claim to the chief life warden of the respective states for compensation giving their respective values. learned counsel for the petitioner submits ..... of ex-gratia compensation as well as for compensation for the animals, which were surrendered but holding and possession of which were not prohibited under the wild life act. the writ petition stands disposed of in the above terms.8. the above order will also dispose of connected writ petition bearing nos. 2531/95 ..... learned counsel for the petitioner submits that after the challenge to the order, rejecting the recognition of their mobile zoos under section 38(h) of the wild life act, had failed, petitioners were left with no other alternative but to surrender the animals. learned counsel for the petitioner submits that this has been so .....
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