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TMI Blog1980 (10) TMI 213X X X X Extracts X X X X X X X X Extracts X X X X ..... tor. The learned Magistrate acquitted the respondent. From his decision the Corporation appeals to this Court. 3. Mr. Monga on behalf of the Municipal Corporation does not dispute that this appeal was not filed within 60 days. It was filed much after the period of 60 days. Now sub-section (5) of Section 378 of the Code of Criminal Procedure, 1973, provides that : (5) No application under sub-section (4) for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of six months, were the complainant is a public servant, and sixty days in every other case, computed from the date of that order of acquittal. This sub-section means that where the complainant is a public servant the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Delhi Municipal Corporation Act, 1957 (the Act) creates a corporate body which has all the attributes of 'legal immortality'. Blackstone says that corporate bodies enjoy a kind of 'legal immortality' because they maintain a perpetual succession and go on for every even though the individuals composing them may come or go. The corporate body has a name and seal. It is a creature of the law. It has an indefinite duration. It can own land. It can sue and be sued in its own name. This is the essence of the legal conception of corporation. Section 3 of the Act says : 3 (1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint, there shall be a Corporation charged with the Prov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... servant under Section 21, I.P.C. A public servant has a soul and a body. He is a human being. In a world of real men and women he very much exists, tough man's existence on this earth is fleeting, fugitive, and fitful. On his death his rights and interests perish with him. He has an earthly existence in every sense. The agents of the Corporation e.g. Commissioner, Councillor alderman, municipal officer and employees are public servants (See S. 500 of the act). But it is impossible to hold that the local authority is a public servant. The conclusion Therefore we come to is that the complainant in this case was not a public servant. The benefit of the extended period of 6 months which the legislature has allowed to public servants cannot ..... X X X X Extracts X X X X X X X X Extracts X X X X
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