Adverse possession -- Mutually inconsistent or mutually destructive pleas must not be taken in plaint - Whenever the plea of adverse possession is raised, it presupposes that owner is someone else and person taking the plea of adverse possession is not the actual owner but has perfected his title by prescription since the real owner failed to initiate any proceeding for..........
Probation of Offenders Act, 1958, Section 4 -- Probation - Prescription of minimum sentence in a particular offence ipso facto is not a ground much less cogent to debar the benefit of probation to convict if he is otherwise entitled to it...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 22 -- Contraband - Manufacturers of manufactured drugs or prescription drugs, chemists, wholesale license holders under the Drugs and Cosmetics Act are required to comply with the provisions of NDPS Act, Rules & Orders for possession of narcotic drugs, psychotropic and controlled substances irrespective..........
Easements Act, 1882, Section 15(3) -- Easement by prescription - Government land - Right to way - For claiming easement by way of prescription over Government land, thirty years period is required - Since period of thirty years has not elapsed, appellant is not entitled to claim easement by way of prescription over government land...........
East Punjab Urban Rent Restriction Act, 1949, Section 15(1)(b) -- Ejectment proceedings - Appeal - Condonation of delay - Delay of 7 days in filing appeal - Copy of prescription slip produced by landlord-petitioner whereby he was advised bed-rest due to his ailment - Held, it could not be said that landlord-petitioner was negligent or careless in pursuing litigation -..........
Haryana Co-operative Societies Rules, 1974, Rule 29 - - Service rules - Managing Director acting in capacity as Registrar Cooperative Societies reviewed and updated the rules on 5.9.2007 - The whole recruitment process proceeded on the basis of the requisite qualifications to be possessed by the candidates seeking appointment to the posts in question are those prescribed..........
Drugs and Cosmetics Act, 1940, Section 22(2), 27(b)(ii), 28 -- Allopathic drugs - Sale & distribution without valid Licence - Accused running hospital, stocked and exhibited for sale and distribution many allopathic drugs without valid license - Accused not found prescribing any medicine to any patient nor any prescription slip seized from spot - Prosecution failed to..........
Evidence Act, 1872, Section 32 -- Dying declaration - Recording of - Held, there is no statutory prescription as to in what manner or procedure to be followed for recording a dying declaration - Presence of Magistrate; certification of doctor as to mental or physical status of person making declaration, were all developed by judicial pronouncements - It will have to be..........
Service -- Equal pay for equal work - Even though, two posts may be referred to by the same name, it would not lead to the necessary inference that the posts are identical in every manner - No straitjacket formula that two posts having the same nomenclature has to be given the same pay scale - It is for the employer to categorize the posts and to prescribe the duties of..........
Drugs and Cosmetics Act, 1940, Section 18, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 25 -- Manufacturers - Chemists - Wholesale license holders - Held, manufacturers of manufactured drugs or prescription drugs, chemists, wholesale license holders under Drugs and Cosmetics Act are required to comply with provisions of NDPS Act, Rules and Order, 1993..........
