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1998 Supreme(Guj) 197

ANIL R.DAVE, K.SREEDHARAN
MIRZAPUR MOTI KURESHI KASSAB JAMAT – Appellant
Versus
STATE – Respondent


Advocates Appeared: A.C.GANDHI, A.V.Trivedi, AMI YAGNIK, ARUN H.MEHTA, D.S.SHAH, K.M.Mehta, M.B.FARUQI, S.C.SHAH, S.N.SHELAT

K. SREEDHARAN, J.

( 1 ) CONSTITUTIONAL validity of Act IV of 1994, by which bombay Animal Preservation Act, 1954, adopted by the Gujarat State, was amended, is the issue raised in these petitions. So, we consider it advantageous to dispose of all these petitions by a common judgment. Counsel appearing on either side submitted that Special Civil Application No. 9991 of 1993 be treated as the main case. We are, therefore, referring to the parties and documents as they are arrayed and marked in Special Civil Application No. 9991 of 1993.

( 2 ) BOMBAY Animal Preservation Act, 1954 was adopted and modified by the gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960. It was amended by Gujarat Act XVI of 1961 and then by Act XXIII of 1979. The State government issued Ordinance 4 of 1993 to amend the Act. By that amendment, slaughter of bulls and bullocks was totally banned in the State of Gujarat. Provisions contained in that Ordinance were challenged in these Special Civil Application. Pending these petitions, State Legislature passed Act IV of 1994 for replacing the ordinance. The Amending Act has been assented to by the President of India on 15/03/1994. Thereupon, it w






























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