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TMI Blog1964 (8) TMI 72X X X X Extracts X X X X X X X X Extracts X X X X ..... ences and sentenced them to undergo rigorous imprisonment for one year in respect of the offence under S. 148, rigorous imprisonment for two years in respect of the offence under S. 332/149, rigorous imprisonment for three years for the offence under S. 333/149 and ordered that all the sentences will run concurrently. In appeal the Additional Sessions Judge, Delhi, set aside the convictions and sentences passed on the appellants for offences under S. 148 and S. 333/149, altered the conviction of each of the appellants from one under S. 332/149 to S. 322 simpliciter and awarded the same sentence in respect of it as had been awarded by the Assistant Sessions Judge in respect of the offence under s. 332/149. Briefly stated the prosecution c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ngh sustained a grievous injury as well as some simple injuries, P.W. 14 Khem, P.W. 20 Padam Singh, P.W. 10 Iqbal Singh, P.W. 19 Nil Bahadur, P.W. 12 Ram Mehar sustained simple injuries. The incident was seen by a number of persons who happened to come to the spot at that time. Eventually a report was lodged with the police, investigation was taken up and the appellants and the other accused were placed before a First Class Magistrate, who, after making a preliminary enquiry, committed them for trial by the Court of Sessions. We are not concerned with the defence of the accused persons who were acquitted. The defence of the appellants was that they were bringing the cattle after grazing and watering them and that when they approached ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le or by auction Of those animals or birds; The proviso which would be relevant in connection with another point runs thus: Provided that any one claiming such animal or bird may, within seven days of the seizure, get them released on his paying all expenses incurred by the Commissioner in seizing, impounding or removing and in feeding and watering such animal or bird, and on his producing a licence for keeping these animals and birds issued under the provisions of section 417. The power under this section can be delegated by the Commissioner. But according to Mr. Kohli delegation of this power has not been established in this case. It is true that the Order of the Commissioner delegating the power under s. 418(1) is not on the rec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... whom the power is delegated. This only means that the designation of the officers to whom the power has been delegated need only to be mentioned. That has been done. We may add that s. 491 of the Delhi Corporation Act permits delegation to any municipal officer or employee and, therefore, specific individual authorisation is not necessary. Then Mr. Kohli says that the words in the order of delegation shall subject to my supervision, control and revision be exercised also by the Municipal employees mentioned in column 3 of the schedule would show that the Commissioner s actual presence on the spot was necessary. It is sufficient to say that shall subject to my supervision etc., does not mean under my supervision etc. All that the or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed as forfeited or lost, whence to abandon, desert, or forsake as lost and gone. Wharton s Law Lexicon. To let go, give up, renounce, leave off ; to cease to hold, use or practise. The Oxford English Dictionary, Vol. 1. In the Oxford Dictionary the word is also said to mean to let loose; to set free; to liberate . Several other meanings of the word have been given both in that dictionary as well as in Wharton s Law Lexicon. In the latter as also in Jowitt s The Dictionary of English Law under abandonment are given cases from which it would appear that different meanings have been given to abandonment in different statutes. It will thus be seen that the meaning to be attached to the word abandoned would depend upon the context i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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