Court : Guwahati
Decided on : Apr-30-2003
..... the party claiming to plead and establish title by adverse possession.18. the legal source to claim title by plea of adverse possession is section 27 read with article 65 of the limitation act (36 of 1963) and section 27 goes as follows -'27. extinguishment of right to property - at the determination of the period hereby limited to any person for instituting a ..... purchase from one holding it, by method of law of inheritance, gift, relinquishment, or any other method of transfer or by prescriptive right as contained in section 27 read with article 65 of limitation act etc. it is nowhere stated in the pleading of the respondents how, where from and at what point of time any hostile claim was made by the .....
Tag this Judgment!Court : Guwahati
Decided on : May-30-2003
..... claiming of title on the principle of adverse possession beyond the statutory prescribed period of limitation of 12 years as provided by article 65 of limitation act read with provision of section 27 of the said act. cases law cited by referring to (2002) 3 scc 258, para 53 will be relevant here where hon'ble apex court hold : '53. ..... raising usual and formal pleas and denied the allegation, contending, inter alia, that title of plaintiff, if any, over the suit land has since been extinguished under section 27 of limitation act. that defendant had been occupying the suit land with permission of the manager of kacharigaon tea estate from the year 1960 by clearing the jungles. that town committee ..... value of the land and learned first appellate court was wrong in holding that the suit in its present form was required to be valued under section 7(iv)(c) of the suit valuation act. even than valuation of rs. 900 for three katha of land in the year 1978 in or around a village land may not be in .....
Tag this Judgment!Court : Guwahati
Decided on : Feb-05-2003
..... , but for the remaining part of the decree, relating to the suit of the plaintiffs, which was valued at rs. 1,92,000, the appeal will he, according to section 21, before the high court. 8. controverting the above submissions made on behalf of the respondents, mr. b.r. dey, has submitted that provisions for counterclaim have been introduced ..... decree. as far as the state of assam is concerned, the forum of appeal is to be determined by section 21 of bengal, agra and assam civil courts act, 1887 aforementioned. it is also true that according to section 21 (as per the amended act) an appeal from a decree of the civil judge (senior division) will lie before the district judge, ..... of civil procedure does not determine as to where an appeal will lie against a decree and it is section 21 of the bengal, agra and assam civil courts act, 1887, which lays down the court, where an appeal will lie. according to section 21, points out mr. goswami, an appeal from a decree of a civil judge (sr. div.), will .....
Tag this Judgment!Court : Guwahati
Decided on : Nov-20-2003
..... were appointed as constable orderlies. this position is not disputed by the respondents.15. it is also worth noticing that in exercise of the powers conferred by section 2 of the police act, 1861, read with section 3 of the north east frontier agency regulations, 1965, the chief commissioner of arunachal pradesh issued a notification, dated 15.5.1975, framing thereunder rules known .....
Tag this Judgment!Court : Guwahati
Decided on : Jul-24-2003
..... memorandum, dated 10.5.1996 (annexure f to the writ petition) respondent no. 3 initiated a disciplinary proceeding under the ccs (cca) rules, 1965, read with section 7 of the police act, 1861, against the petitioner directing him to show cause against the article of charge, which read as under :'that inspector t. habung (u/s) of phq security ..... registered, ultimately, ended with filing of charge-sheet against the petitioner under section 341/325 ipc. however, in the trial court, the petitioner was acquitted by the trial court by order, dated 28.6.1996. when the criminal proceeding was so pending ..... the jeep had been admitted at r.k. mission hospital in a serious condition, where he had undergone an operation and itanagar ps case no. 04/96 under section 341/325 ipc had been registered against the petitioner on the basis of false accusations made in an fir (annexure b to the writ petition). the case, so .....
Tag this Judgment!