Civil Procedure Code, 1908, Section 96, Easement Act, 1882, Section 13, 15 -- Pathway right suit - Declaration and permanent injunction - Injunction restraining defendant from interfering with plaintiff usage of pathway - Existence and common enjoyment of pathway admitted by defendant - Plaintiff proving her case with preponderance of probability - Plea of right of issue..........
Criminal trial -- Defective investigation - In large number of cases, the investigation is neither perfect, nor scientific - If the Investigating Officer does not ask a witness to produce the medicines or the prescription or the cash memo showing payment for the purchase of medicines, the witness of his own would not produce it...........
Medical negligence -- Appellant OP administered the injection in an artery resulting in blood clotting and gangrene - Three fingers of the respondent complainant had to be amputated by getting operation from hospital - Complaint supported by affidavit of the complainant as well as her son and documentary evidence in the shape of prescription slip given by the OP - Link..........
Easement Act, 1882, Section 13, 15 -- Two provisions of Ss.13 & 15 of the Act are independent provisions providing for easementary rights on different nature of rights - Whereas S.13 of the Act provides for easements of necessity and quasi easements, S.15 provides for easements by prescription - Both the provisions are independents provisions and there is no overlapping of..........
Easement Act, 1882, Section 15 -- Right of way by easement of prescription - Ingredients to be satisfied are : (a) right must be certain, (b) it must have been enjoyed, (c) the enjoyment must be independent, and (d) it must be peaceably and openly as of right without any interruption for more than 20 years...........
Easement Act, 1882, Section 15 -- Right of way of easement of prescription - Finding of Appellate Court that an alternate way is available by crossing a big Nullah - Trial Court clearly held that Nullah is a big Nullah and it is difficult to believe that farmers would be able to go to their respective fields with bullock-carts and luggage during rainy season when the..........
Trade and Merchandise Marks Act, 1958, Section 28 -- Trade mark - Infringement - Medicinal products - Lesser degree of proof is required as compared to cases relating to non-medicinal products - Fact that drug is sold under prescription or only to physicians - Not a protection against confusion...........
Easement Act, 1882, Section 15 -- Easementary right by prescription - No evidence to show that defendants used the water from the well situated in plaintiffs land continuously for more than 20 years to irrigate the portion of land sold to them by plaintiff - Requirement of S.15 not therefore satisfied - Claim to draw water from plaintiffs well on that ground rejected...........
Easement Act, 1882, Section 17 -- Prescriptive easementary right - Underground water - To acquire such a right, underground water must be passing in a defined channel - Acquisition of right by prescription to underground water of a well not passing through a defined channel not contemplated under the provision - Claim for well water under S.17 rejected...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Right of passage - Injunction sought restraining defendant from interfering in right of passage - Right of passage, being claim of easement, must be specifically pleaded and prove nature of easement i.e. whether it is by grant made by servient owner in express terms, or by implied grant, or acquired..........
