Court : Rajasthan
Reported in : AIR1999Raj56; 1999(2)WLC248
..... the impugned action of the respondents is thus a patent failure of the statutory safeguards and prescription provided under the aforesaid legislation rules and regulations in this regard and they have further committed dereliction of duties by not conducting effective required inspection at the premises of respondent no. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001CriLJ1916; 2001(1)WLC524; 2001(1)WLN422
..... , it is for future caution, it is advised that in awarding sentence, judicial discretion should be exercised by judicial officers keeping in mind the well accepted judicial lines and not it should have been dealt with in routine and mechanical prescription acting on hunch. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1979Raj18
..... the learned counsel for the state urged that the prescription of this penalty clearly shows that the question of membership does not depend upon the taking or not taking the oath. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(2)WLC604; 2003(1)WLN216
..... ailment but also her tender kid, for which she had to keep away from duty which was beyond her control on account of compelling reasons as explained by her through production of numerous medical examination report/prescription or certificates from the respective doctors, so also in her affidavit (ex. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(2)Raj1223; 2009(1)WLN411
..... scheme of the rules, rule 75 prescribes certain distances from respective places within which no shop can be located, however, in exceptional cases and, that too, by recording reasons, the powers have been given to relax the prescription of rule, therefore, this power is to be exercised in rarest of rare cases, in extraordinary circumstances and not, in routine manner. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1973Raj160; 1972()WLN894
..... to learned counsel, there was no question of any extinguishment or release of any easementary right as held by the learned district judge, but non-establishment of the right itself in accordance with section 15 of the easements act when the prescriptive period of 20 years did not end within two years next preceding the institution of the suit. ..... the conclusion of the learned civil judge may in his own words, be put thus: 'in view of the above facts even though the plaintiff had acquired the right of way through defendants' guadi by prescription, but the continuity of right of way is broken by plaintiff himself for a considerable period from samvat 2005. ..... this indicates that the prescriptive period of enjoyment should thus have continued right upto or ended within two years next before the institution of the suit. ..... the first three paragraphs of this section lay down the period during which an easement should be enjoyed in order to ripen into a prescriptive right. ..... acquisition by prescription. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1973Raj208; 1972()WLN784
..... lordships held in the circumstances of that case that the mortgagees came into possession of the mortgaged property under an invalid mortgage, and as their possession continued for a period of 12 years, they acquired a limited right of mortgagee by prescription. ..... i am unable to hold from the facts of the present case that harkaran acquired any right of the mortgagee in the suit shop by operation of law, that is by prescription.14. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1973(6)WLN765
..... the appellant has also produced prescription of the doctors to establish the fact of his ill health. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2004(1)Raj37; 2003(4)WLC782
..... 18 prescription slip clearly goes to show that the plaintiff has developed catract and thus the findings of the trial court with regard to requirement of the plaintiff was based on material evidence and the learned first ..... first appellate court reversed the findings of the trial court on this issue on the ground that no medical officer was examined to prove that the plaintiff has developed catract in his eyes and prescription ex. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1959Raj235
..... the windows and ventilators has caused substantial damage to him.learned counsel for the respondents has, on the other hand, referred to section 28 of the same act and urged that the extent of prescriptive right to the passage of light and air to the windows and ventilators is that quantity of light and air which the plaintiff was accustomed to get from those openings during the whole of the ..... that'it is not the law that a person cannot acquire an easement unless during the whole prescriptive period he acts with the conscious knowledge that it is a case of a dominant and servient tenement and that he is exercising a right over property which ..... formulating, even mentally, a legal claim, and in my opinion a right to an easement by prescription cannot be defeated merely by showing that during the whole or pant of the period of prescription the plaintiff was not consciously claiming an easement. ..... he proceeded to observe that,'all that the defendant could acquire by prescription would be an easement imposing the burden on the servient tenement of having ..... he has openly exercised certain rights which are in themselves sufficient to estab- lish an easement, prima facie, he is entitled to the easement and it is not necessary to show that du-ring the whole of the prescriptive period, he was consciously asserting a right to an easement. ..... the plaintiff's windows and ventilators were in existence for more than 20 years and that he had acquired a prescriptive easement of light and air from them. .....
Tag this Judgment!