KANWAR SINGH versus DELHI ADMINISTRATION

KANWAR SINGH versus DELHI ADMINISTRATION

The Commissioner had validly delegated the authority to licensing inspectors to impound stray cattle; the term 'abandoned' in section 418(1) means unattended or let loose, not necessarily ownerless; and, since the impounding was lawful, the appellants could not claim private defence under section 99 of the Indian Penal Code. The appeal was accordingly dismissed.

Parties
Appellant: Kanwar Singh; Respondent: Delhi Administration
Jurisdiction
India
Judgment Date
05 August 1964
Procedural Posture
Criminal Appeal / Supreme Court: Appeal by Special Leave From High Court's Summary Dismissal of Revision Application
Outcome
Appeal dismissed.
Legal Topics
Impounding of Cattle, Delegation of Authority, Private Defence, Statutory Interpretation
Criminal Law Administrative Law Local Government Law Impounding of Cattle Delegation of Authority Private Defence Statutory Interpretation

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Parties

Kanwar Singh

Appellant

Delhi Administration

Respondent

Procedural Posture

Criminal Appeal / Supreme Court: Appeal by Special Leave From High Court's Summary Dismissal of Revision Application

Legal Issues

  1. 1 Whether there was proper delegation of authority to impound cattle under section 418(1) of the Delhi Municipal Corporation Act, 1957
  2. 2 Whether 'abandoned' in section 418(1) means 'ownerless' or includes unattended cattle
  3. 3 Whether the appellants could exercise the right of private defence of property under section 99 of the Indian Penal Code, 1860

Ratio Decidendi

The Commissioner had validly delegated the authority to licensing inspectors to impound stray cattle; the term 'abandoned' in section 418(1) means unattended or let loose, not necessarily ownerless; and, since the impounding was lawful, the appellants could not claim private defence under section 99 of the Indian Penal Code. The appeal was accordingly dismissed.

Court Disposition

Appeal dismissed.

Orders

  • No specific orders apart from dismissal of appeal.