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Yusuf @ Isub vs State Of Haryana on 10 December, 2018 cites

Manager, Pinjrapore Deudar & Anr.] vs Chakram Moraji Nat & Ors on 31 August, 1998

The learned Magistrate has rightly considered the principles laid down in Manager, Pinjrapore Deudar's case (ibid) by holding that the factors need to be determined for interim custody also includes the nature and gravity of the offence alleged whether the first offender alleged to have been found guilty under the Act earlier or that there was better claimant than the owner to lay claim over the custody of animals during the prosecution and that the condition of the animals at the time of inspection was found unsatisfactory and that the possibility of these animals again subjected to cruelty and, thus, there is a sound reasoning spelled out in the findings returned by the learned trial Court.
Supreme Court of India Cites 11 - Cited by 53 - Full Document

Bharat Amratlal Kothari vs Dosukhan Samadkhan Sindhi & Ors on 4 November, 2009

5 of 10 ::: Downloaded on - 06-01-2019 01:23:31 ::: CRM-M-10513-2016 -6- 23.12.2015 holding that interim custody of these camels is directed to be handed over to the Society till the owner proves its claim and further directing that approved rates shall be charged from the true owner for welfare of the animals and, it is thereafter, the accused/owner had moved an application before the learned Magistrate who, after calling for the report of the SHO and going through the attested copies of the receipts regarding purchase of these camels, had passed the orders releasing these animals through orders dated 28.12.2015 (Annexure P-1). The learned trial Court has placed reliance on "Manager, Pinjrapore Deudar vs. Chakram Moraji Nat, 1998 AIR (SC) 2769" and "Bharat Amratlal Kothari and another vs. Dosukhan Samadkhan Sindhi and others, 2009(4) RCR (Criminal) 939" two views of the Hon'ble Apex Court whereby in Manager, Pinjrapore Deudar's case (ibid) the question of grant of interim custody of the animals so seized under the Act was under consideration and similarly in Bharat Amratlal Kothari's case (ibid), a subsequent view of the Hon'ble Apex Court, wherein the question as to the entitlement of interim custody by the owner was considered it was held by their Lordships that being undisputedly owners they were certainly entitled to custody of these animals.
Supreme Court of India Cites 21 - Cited by 229 - J M Panchal - Full Document
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