ENCYCLOPEDIA

Abandonment-[ Indian Law Encyclopedia]

Indian Law Encyclopedia

The meaning to be attached to the word ‘abandoned’ would depend upon the context in which it is used. In the context in which it occurs in S. 418(1), the meaning which can reasonably be attached to the word “abandoned” is ‘let loose’ in the sense of being ‘left unattended’ and certainly not ‘ownerless’. It is the duty of the Court in construing a statute to give effect to the intention of the legislature. If, therefore, giving a literal meaning to a word used by the draftsman, particularly in a penal statute would defeat the object of the legislature, which is to suppress a mischief the Court can depart from the dictionary meaning or even the popular meaning of the word and instead give it a meaning which will ‘advance the remedy and suppress the mischief’. (see Maxwell on Interpretation of Statutes, 11th edn. pp. 221-224 and 266).[Kanwar Singh and others Versus The Delhi Administration AIR 1965 SC 871 ]
 

  • Abandoned child
  • material abandonment
  • Abandonment of marriage and Animus deserendi
  • Abandonment of right
  • ABANDONMENT of work
  • ABANDONMENT of trade mark
  • The question of the ABANDONMENT of trade mark amounted to an express or implied consent was a matter for civil court and cannot be made the subject of a criminal prosecution[The State of U.P. Versus Ram Nath Supreme- Court AIR 1972 SC 232 ]
  • Mere acquiescence, waiver or laches not amounting to ABANDONMENT does not disentitle relief in equity in respect of executed contract.[Sha Mulchand and Co., Ltd
    Versus Jawahar Mills Ltd., Salem-AIR 1953 SC 98 : (1953) SCR 351]
  • ABANDONMENT of service
  • ABANDONMENT of a known advantage or benefit
  • ABANDONMENT of the land
  • ABANDONMENT of settlement by the evacuee
  • Presumption of Abandonment
  • Distinction between Estoppel waiver, and ABANDONMENT
  • Voluntary ABANDONMENT