LawMirror.com

Results of prescription

Showing : 61-70 of 102 Results

SUPREME COURT OF INDIA

Year of decision: 2006
Details

Adverse Possession -- Joint property - Ouster of one of the co-sharers - Law summed up - (i) No hard and fast rule can be laid down from which it can be inferred that any co-sharer has ousted other co-sharer. It will depend upon facts of each case - (ii) Uninterrupted sole possession of joint property, without any definite evidence to show that a person is holding..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2006
Details

Easement Act, 1882, Section 13, 15 -- Easement by prescription - Plaintiff is required to plead and prove that he had been enjoying the easement as of right for a period of sixty years and that the enjoyment had been continuous and interrupted - Plaintiff is required to show that he has been enjoying the easement within two years next before the institution of the suit...........

KARNATAKA HIGH COURT

Year of decision: 2005
Details

Adverse possession -- It must be pleaded and proved that possession is adequate, in continuity, in publicity and in extent and adverse to the true owner - Mere long possession for more than 12 years without intention to possess the suit land adverse to the title of the plaintiff and to the latter's knowledge cannot result in acquisition of title by prescription...........

BOMBAY HIGH COURT

Year of decision: 2004
Details

Easement Act, 1882, Section 15 -- Easement of way by prescription - Absence of pleading - Oral evidence adduced to prove the easement by prescription to be ignored...........

BOMBAY HIGH COURT

Year of decision: 2004
Details

Easement Act, 1882, Section 13, 15, Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction restraining defendant from causing any obstruction in user of right of way - Agricultural land partitioned between real brothers - In partition deed itself the way granted to them for cultivation of agricultural lands allotted to their shares - Oral evidence in direct..........

SUPREME COURT OF INDIA

Year of decision: 2004
Details

Constitution of India, 1950 -- Entry 66 of List I and Entry 25 of List III - Regulations of All India Council for Technical Education - Education - Admission - Engineering courses - Prescription of minimum eligible marks by the State over and above the norms fixed by AICTE - Held that it is permissible for the State Government to prescribe higher qualifications for..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2003
Details

Easement Act, 1882, Section 13 -- Easement of necessity - Right to light and air - Houses originally belonged to a family - Present parties purchased the houses - Right to receive air and light claimed falls under Section 13 of the Act as an easement of necessity and not under S.15 which deals with acquisition of easement by prescription - Suit dismissed by Courts below..........

SUPREME COURT OF INDIA

Year of decision: 2003
Details

Constitution of India, 1950, Article 14, Secondary Education Act, 1961, Section 24 -- Assam - Regulations for Conduct of Examination by the Board, Regulation 8 - Date of birth - Correction of - Prescription of three years under Regulation 8 of the Regulations before which the power of the Board to make correction of date of birth in certificate ought to be invoked - The..........

SUPREME COURT OF INDIA

Year of decision: 2003
Details

Co-sharers -- Non participation in the rent and profits of the land by a co-sharer does not amount to ouster so as to give title by prescription...........

SUPREME COURT OF INDIA

Year of decision: 2003
Details

Co-sharers -- Long and continuous possession does not constitution adverse possession - Even non participation in the rent and profits of the land to a co-sharer does not amount to ouster so as to give title by adverse prescription - A co-sharer becomes a constructive trustee of other co-sharer and the right of appellant and/or his predecessors in interest would be deemed..........

Showing : 61-70 of 102 Results