AI Overview...
- Prevention of Cruelty to Animals Act, 1960 - Custody of Seized Animals and Vehicles:
- Sections 29 and 35 outline the duties of courts regarding animals, including the possibility of granting custody to owners or charitable institutions such as Panjarapoles when animals are seized.
-
Section 35(2) to (5) specify the conditions and responsibilities related to the maintenance and custody of animals during legal proceedings EMPLOYEES STATE INSURANCE CORPORATION VS CHAKARAM MORAJI NAT - Gujarat, Gitaben B. Shah VS STATE - Gujarat, Sunitha Christy VS State Represented by The Inspector of Police, Virudhunagar - Madras, Md. Johur Uddin, S/o. Late Mujibur Rahman VS State Of Assam, To Be Rep. By The PP, Assam - Gauhati.
-
Custody of Seized Vehicles under Section 451 CrPC:
- Section 451 of the Criminal Procedure Code (CrPC) is invoked to grant interim custody of animals or vehicles seized in cruelty cases, often in conjunction with the Prevention of Cruelty to Animals Act, 1960.
-
Courts consider factors like the welfare of animals, compliance with transport rules, and legal provisions under the Prevention of Cruelty to Animals Act when deciding custody Md. Johur Uddin, S/o. Late Mujibur Rahman VS State Of Assam, To Be Rep. By The PP, Assam - Gauhati, Arun Prasanna VS State Rep. by Sub-Inspector of Police, Chenglepet - Madras.
-
Legal Procedures and Court Practices:
- Courts have emphasized that custody of seized animals or vehicles should prioritize animal welfare, with provisions allowing temporary custody to owners, charitable institutions, or authorized bodies.
-
The law permits interim custody under Section 451 CrPC, especially when immediate care is necessary, subject to conditions outlined in the Prevention of Cruelty to Animals Act and related rules EMPLOYEES STATE INSURANCE CORPORATION VS CHAKARAM MORAJI NAT - Gujarat, Sunitha Christy VS State Represented by The Inspector of Police, Virudhunagar - Madras.
-
Notable Cases and Interpretations:
- Courts have clarified that Sections 11(1) and 35 of the Prevention of Cruelty to Animals Act, 1960, govern the seizure and custody process, including costs of maintenance during custody.
- In specific cases, courts have also considered the applicability of other laws like the Maharashtra Prevention of Animal Act and Motor Vehicles Act, depending on context Shri Chatrapati Shivaji Gaushala VS State of Maharashtra - Supreme Court, Gorakshanarth Aadiwasi Sevabhavi Sanstha Hatta (Naik) Gopal Gaushala Hatta Naik VS State of Maharashtra Through Police Station, Hatta. Tq. Basmath, Dist. Hingoli - Bombay.
Analysis and Conclusion:
The Prevention of Cruelty to Animals Act, 1960, along with Section 451 of the CrPC, provides a legal framework for the seizure and custody of animals and vehicles involved in cruelty cases. Courts typically grant interim custody to owners or charitable institutions, ensuring animal welfare and compliance with transport and maintenance rules. The law emphasizes humane treatment during legal proceedings, with specific provisions for costs and conditions of custody. Overall, Section 451 CrPC serves as a crucial legal tool for courts to manage seized property, including vehicles, in cruelty cases, in conjunction with the Prevention of Cruelty to Animals Act EMPLOYEES STATE INSURANCE CORPORATION VS CHAKARAM MORAJI NAT - Gujarat, Md. Johur Uddin, S/o. Late Mujibur Rahman VS State Of Assam, To Be Rep. By The PP, Assam - Gauhati.
Search Results for "Preventions of Cruelty of Animals Act Granting Custody of Seized Vehicle under Section of 451 Crpc"
1997 0 Supreme(Guj) 186 • India - Gujarat
N.N.MATHUR
of Cruelty to Animals Act, 1960 - Secs. 29 & 35 - Duty of Court - Custody of animals to owner when presence cannot be secured despite ... of Cruelty to Animals Act, 1960 - Sec. 35 and Criminal Procedure Code, 1973 - Sec. 451 - `Locus standi to maintain petition - Interim ... custody of animals seized - Panjarapole a charitable institution can maintain petition. ....
2013 0 Supreme(Mad) 1710 • India - Madras
S.PALANIVELU
Prevention of Cruelty to Animals Act - Interim Custody - 11(1) D and H of Prevention of Cruelty to Animals Act 1960 - Rule 56 ... the Prevention of Cruelty to Animals Act and the Transport of Animal Rules. ... of the Transport of Animal Rules - Sections 451 and 457 of Cr.P.C#HL_END....
2023 Supreme(Online)(MEGH) 261 • India - High Court of Meghalaya
W. Diengdoh, J
Section 11 of the Prevention of Cruelty to Animals Act is not applicable to their case. Prevention of Cruelty to Animals Act, 1960 . 15.
2022 0 Supreme(SC) 1664 • India - Supreme Court
D. Y. CHANDRACHUD, HIMA KOHLI
Cattle Transportation - Maharashtra Animal Preservation Act, 1976, Prevention of Cruelty to Animals Act, 1960, Motor Vehicles ... Preservation Act, 1976, and the Prevention of Cruelty to Animals Act, 1960. ... proviso, and the Transport of Animals Rules, 1978 framed under the Prevention of Cruelty to Animals ....
2022 0 Supreme(Mad) 3535 • India - Madras
K. MURALI SHANKAR
Cruelty to Animals - Interim Custody - Prevention of Cruelty to Animals Act, 1960, Transport of Animals Rules, 1978 - Section ... 429 IPC, Crl.M.P.No. 3899 of 2021 - The court discussed the relevant provisions of the Prevention of Cruelty to Animals Act, 1960 ... laws and regulations, the conditions for granting interim custody#HL_END....
2020 0 Supreme(Bom) 1020 • India - Bombay
VIBHA KANKANWADI
Cruelty to Animals - Custody Dispute - Prevention of Cruelty to Animal Act, Maharashtra Prevention of Animal Act, Motor Vehicles ... and Sections: The court discussed the provisions of the Prevention of Cruelty to Animal Act, Maharashtra Prevention of Animal Act#H....
2021 0 Supreme(Guj) 1122 • India - Gujarat
GITA GOPI
Criminal Procedure Code, 1973 - Section 451 read with Section 482 - Gujarat Animal Preservation Act, 1954 ... 11(1)(k) - Motor Vehicles Act - Sections 177 & 123 - Gujarat Police Act - Section 119 - Treating animals cruelly - Transported in ... - Sections 5, 8 and 10 - Prevention of Cruelty to Animal....
1997 0 Supreme(Guj) 185 • India - Gujarat
N.N.MATHUR
[Para 7](b) Prevention of Cruelty to Animals Act, 1960 - Secs. 29(1) & 35(2) - Criminal Procedure Code, 1973 - Sec. 451 - Custody ... [Para 12](c) Prevention of Cruelty to Animals Act, 1960 - Sec. 35(2) to (5) - Costs of maintenance of animals while in custody of ... (a) Criminal Procedure Code, 1973 - Secs. 397 & 401 - Prevention#HL....
2009 8 Supreme 385 • India - Supreme Court
HARJIT SINGH BEDI, J.M.PANCHAL
i) held that each of the respondent Nos. 1 to 6 are guilty under Section 11 (1)(d) of the Prevention of Cruelty to Animals Act, 1960 and punished each of them with fine of Rs.50/-; ... ii) quashed the FIR No.
2024 0 Supreme(Gau) 802 • India - Gauhati
ARUN DEV CHOUDHURY
and the Prevention of Cruelty to Animals Act 1960 in granting custody of a seized vehicle under Section 451 of the Code of Criminal ... ) of the Prevention of Cruelty to Animals Act 1960 - Section 451, Section 102 of the Code of Criminal Procedure 1973 #HL....
Filter by Legal Phrase
