Statute -- Repeal - Repealed provision will cease to operate from the date of repeal and the substituted provision will commence to operate from the date of its substitution - However, this principle is subject to specific statutory prescription - Statute can enable the repealed provision to continue to apply to transactions that have commenced before the repeal -..........
Easements Act, 1882, Section 15 -- Easement by prescription - Right of way - Plaintiffs have not specifically claimed in the plaint that they or their predecessor-in-interest were enjoying easementary right of use of rasta in dispute for over 20 years - Use of term `last many years' is not sufficient to mean that they have been enjoying the same for last 20 years -..........
Easements Act, 1882, Section 15 -- Easement by prescription - Right of way - Plaintiff contended that owner of adjoining land is enjoying easementary right over rasta in dispute, therefore he cannot be denied the same benefit - However, original owner of adjoining land has specifically assigned right to use said rasta to present owner and not to anyone else - Plaintiff..........
Adverse possession -- Mere possession without title cannot make a person holder of holding unless he has perfected his right by prescription in consequence of adverse possession...........
Easements Act, 1882, Section 15 -- Easement by prescription - Where claim is for an easement right, it is necessary that pleadings be specific and precise...........
Easements Act, 1882, Section 15 -- Easement by prescription - Right of way - Defendant denied the title of plaintiff in written statement - Admission of title of servient owner by dominant owner is one of fundamental ingredients in a claim of easement - Claim of defendant over suit property by way of easement by prescription on this ground alone rightly rejected...........
Easements Act, 1882, Section 15 -- Easement - Mere period of long user would not give raise to any presumption that such user was as a matter of right - Such user, even if it had continued uninterrupted for full period required by S.15 of the Act, is not sufficient in itself to create a right of easement by prescription, reason being that important element that user was a..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Injunction suit - Dispute between parties in respect of public rasta over which plaintiffs allegedly acquired a right of prescription - However, concurrent findings of fact recorded by two Courts where plaintiffs could not establish his own case - There is no perversity in said findings recorded by two Courts -..........
Service -- Promotion - Qualification - Prescription of graduation as a qualification for promotion to post of Head Assistant cannot be held as violative of Arts.14, 16 of Constitution...........
Easements Act, 1882, Section 13, 15 -- Easement of necessity and easement by grant or prescription - Easement of necessity is not contemporaneous with that of an easement by grant or prescription - But would act as an alternative easement when absolute necessity comes out in the event of rejection of claim of prescriptive easement, easement by grant or easement by lost..........
