Court : Delhi
Decided on : Dec-16-1998
Reported in : 1999(48)DRJ171
..... anil dev singh, j. 1. in the main petition the petitioner challenges the notification of the government of india, ministry of environment and forests, deptt. of environment, forests and wild-life, dated 2nd march, 1991. this notification was issued under section 22 of the prevention of cruelty to animals act, 1960. by this notification five animals, namely, bears, monkeys, tigers, panthers and dogs, were ..... may deem relevant and having bearing on the issue involved. the i.c.f., the animal board of india (a.w.b.) and various animal welfare organisations (a.w.os.) submitted the following material :-1. a letter from the royal society for prevention of cruelty to animals (rspca) stating that the book 'animal in circuses and zoos, chiron's world' was neither sponsored nor ..... alia, mainly on the following grounds:-'1. the ban has been imposed without there being adequate material available with the government justifying the necessity of imposing the ban; 2. in order to achieve the object as spelled out by the preamble of the act, which is prevention of unnecessary pain or suffering on animals, the government has failed to apply mind ..... to and decide whether mere regulation or framing of the rules would have served the purpose without banning the training or exhibiting of the animals ; 3. the impugned notification seen in the .....Tag this Judgment!
Court : Kerala
Decided on : Oct-16-1998
Reported in : AIR1999Ker93
..... sc 853. in this case, the petitioner, who is the head of the dawoodi bohra community, challenges the constitutionality of the bombay prevention of excommunication act, 1949 on the ground that the provisions of the act infringe articles 25 and 26 of the constitution of india. in paragraph 41, the supreme court answered the question as below :'that excommunication ..... the members of one community as against another, amounts to violation of article 14 of the constitution. even assuming that the purpose of the impugned provision is to prevent bequest of property under religious influence, there is no justification according to the petitioners in restricting testamentary disposition of property for charitable purpose, charitable purpose includes relief of ..... government standing counsel for the respondents.14. mr. chithambaram, after drawing our attention to the preamble, sections 4, 20, 23, 28, 31, 50, 57, 58 and 118 of the act. submitted that five counts of discrimination is implicit in section 118. they are:1. it discriminates against the christian vis-avis non-christians;2. it discriminates against testamentary disposition ..... the bill titled 'the christian marriage and matrimonial causes bill, 1960' submitted along with its 15th report whereby both husband and wife were given the rights to seek dissolution of marriage on almost all grounds mentioned in the special marriage act including the ground of adultery simpliciter, cruelty and desertion as per clause 30 of the bill. the government .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Sep-03-1998
Reported in : 1998(5)ALD722; 1998(2)ALD(Cri)629; 1998(5)ALT339
..... slaughter and if that is allowed to happen, it would affect the sentiments oflarge section of society and it would also thwart the objectives of prevention of cruelty to animals act and a.p. prohibition of cow slaughter and animal preservation act. the plea of the writ petitioners found its acceptance by the learned single judge who gave the following directions:'the entire scheme as to ..... and applied is a.p. prohibition of cow slaughter and animal preservation act, 1977. 'animal' in the said act is defined as bull, bullock, buffaloe, male or female or calf. as per section 3 (iii), 'cow' includes a heifer of a calf, whether male or female of a cow; as the preamble says, this is an act to provide for prohibition of slaughter of cows, calves ..... . the sheet anchor of appellants' case thus rests on section 44(2). it is submitted by the government pleader that the auction notice issued by the concerned police officer on 1-7-1996 is in perfect conformity with the above provision which has not been challenged by the writ petitioners. as already stated, it is the contention of the learned government ..... of cows and calves of she-buffaloes and for preservation of certain animals suitable for milch, breeding, draught or agricultural purposes in the state. section 5 lays down:'prohibition of slaughter .....Tag this Judgment!