Adverse possession -- State cannot claim adverse possession over the property of its own citizens...........
Adverse possession -- Permissive possession cannot be basis for a claim of adverse possession...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession - First Appellate Court erroneously placed the burden of proving ownership on plaintiffs, despite the defendants admission of their title by pleading adverse possession - Court disregarded the jamabandi entries and other revenue records without valid justification - Court's conclusion that..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 50% disability - Enhancement of compensation - Considering the nature of disability i.e amputation of left leg below knee, age, occupation of petitioner and compensation awarded under different heads, compensation enhanced a sum of Rs.7 lakhs in addition to compensation as awarded by High Court, making a total..........
Service -- Claim of parity - If some wrong benefit has been conferred or some benefit which is contrary to the scheme has been granted, it would not bestow a right upon others to claim it as a right of equality by reference to Art.14 of Constitution. (Constitution of India, 1950, Art.14)..........
Service -- Compassionate appointment - Period of three years as has been laid down from the date of death of employee for putting forth a claim by a dependant, which, includes attainment of majority as per the 1999 policy instructions issued by Government - However, appellant/son attained majority 11 years after the unfortunate death of his father/employee - Claim thus,..........
Service -- Death of employee - Grant of ex gratia financial assistance - Claim of ex gratia financial assistance would survive and operate to widow of deceased, especially in the light of fact that her son, for whom she had sought an appointment on compassionate grounds has been found to be ineligible because of he being a minor - Government of Haryana had taken a..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation for trees and borewell - Reference Court rejected claim for compensation of awala trees as the same were newly planted and were not fruit bearing at the relevant time - Plantation was reported to be of the year which is subsequent to the proposal to acquire land - Court also recorded that no..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Permanent disability of 75% - Total compensation - Keeping in view the age of appellant, her medical expenses for treatment and hospitalization, future medical treatment, attendant charges and for loss of marriage prospects, total compensation of Rs.34,07,771 held, proper with 7.5% interest on balance amount payable from..........
Evidence Act, 1872, Section 115 -- Estoppel - Partition suit - Plaintiff admitted title of defendant no.1 to the extent of part of suit property in earlier proceedings - Having admitted said facts in earlier proceedings, plaintiff is estopped to claim that whole of property belongs to his paternal grandfather - Plaintiff thus, failed to prove the foundational fact that..........
