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1 - 5 of 5 (0.53 seconds)Amritsar Kennel Club And Ors vs Union Of India And Ors on 28 January, 2016
3.The learned counsel for the petitioner submitted that the issue raised
in this writ petition has been answered in favour of the petitioner therein in
Amritsar Kennel Club (Registered) and others v. the Union of India and
others [Civil Writ Petition No.25558 of 2015 dated 28.01.2016 by the
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Page 3 of 7
W.P.No.18941 of 2015
Punjab & Haryana High Court at Chandigarh]. Hence, he prayed for
similar order in this writ petition as well.
The Kennel Club Of India vs The Union Of India on 8 February, 2013
5.This Court heard both sides and perused the materials placed before
this Court, more particularly, the decision of the Punjab and Haryana High
Court (cited supra), wherein, the question arose for consideration is, as to
whether a person/club, interested in participation of his/her/its dog in the
dog show, being held free of cost, without any ticket, is required
compulsory registration in terms of Rule 3 of the Performing Animals
(Registration) Rules, 2001 and Section 21(i) of the the Prevention of Cruelty
to Animals Act, 1960. After detailed analysis, it was observed that in the
absence of any evidence on record led by the respondents to contradict the
stand taken by the petitioner hosting the dog show free of cost, the dog, as
alleged as a performing animal, cannot be termed as "exhibited" or "trained"
in terms of Section 21 of the Act and no permission or registration is thus
required either to be taken by the dog owner or the club hosting
the dog shows in terms of Section 22(i) of the Act and Rule 3 of the Rules
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Page 4 of 7
W.P.No.18941 of 2015
of 2001. Further, Rule 12 of the Birth Control Rules only lays down the
guidelines for the breeders that they should be registered with the AWBI,
must maintain the record of number of pups born/died and the record of the
person buying the pups. These guidelines are only for the purpose of birth
control of the dogs and have no relevance at all with the dog show. That
apart, the decision of this Court in Chennai Kennel Club v. Union of India
& another, in M.P.No.1/2015 in Writ Petition No.18941/2015 decided on
30.06.2015 was also followed, wherein, it was held that "there is no
prohibition for mere display of dogs that does not involve display skills by
dogs and, therefore, there is no scope for any cruelty to the animals, and, as
such, there appears to be no requirement in law for taking prior permission
of the Animal Welfare Board of India". Ultimately, the Punjab and Haryana
High Court was of the view that the owner/club, hosting the dog show, is
not required under any provisions either of the Act, Rules of 2001 or the
Birth Control Rules to get himself/itself registered with the AWBI and
hence, the AWBI has no jurisdiction or right to interrupt, disrupt or cause
obstacle in the hosting of dog shows by the petitioner/club; and once it has
been held that the AWBI has no jurisdiction as the participants of the dog
show are not required to get themselves registered with it, the guidelines
issued by the AWBI in this regard, would not apply.
https://www.mhc.tn.gov.in/judis/
Article 226 in Constitution of India [Constitution]
The Prevention Of Cruelty To Animals Act, 1960
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