Court : Karnataka
Reported in : ILR2003KAR4721; (2004)ILLJ59Kant
..... in the instant case also, applying the same legal principles laid down by the apex court, i have to hold that the prescription of the time under clause iv (2) of the regulations for submitting option letter to the respondents is bad in law as such time limit will take away the right of the employee/ officer for pensionary benefits ..... is not a reasonable restriction imposed upon the pensioners by prescription of time limit in the regulation under article 19(6) of the constitution of india as there is no nexus to the intentment and object sought to be achieved by the respondents by prescription of such time limit for exercising the option by pensioners. ..... union : [1973]3scr285 while considering the scope of section 78(1)(d)(i) of bombay industrial relations act has held that prescription of time is directory and not mandatory. ..... the prescription of time limit under the regulation to exercise the right shall not prevail over the fundamental right guaranteed to the pensioners, as, such regulation would deprive the fundamental rights guaranteed to the petitioner under articles 14, 19 and 21 of the constitution of india and therefore the prescription of time limit for submission of option forms by the pensioners has to be held as bad in law ..... the prescription of time limit to exercise option is, therefore, only directory and not ..... such prescription of time limit for submitting option form under the regulation is arbitrary and hence the beneficial part shall be retained as held in nakara's .....
Tag this Judgment!Court : Delhi
Reported in : 1997IVAD(Delhi)451; 1997(1)ARBLR558(Delhi); 66(1997)DLT705
..... 1996 ptc (16) del 1, wherein it was held that in the present circumstances and particularly in indian context, the doctor's prescription factor, as last it is important since the reality of the situation could not be ignored and that in india schedule drugs which are to be sold under doctor's prescription are even sold without production of doctor's prescription and reduces the weightage that could be given to this aspect of the matter while considering the . ..... of cases, came to the conclusion that as the opening syllable of the two competing trade marks are entirely different and further held that the said drugs were schedule 'h' drugs, which were available on prescription of a registered medical practitioner, no deception or confusion was likely to occur. ..... the factor that the same is available on doctor's prescription only and not across the counter is also a relevant factor to be taken not of while deciding whether the two words are deceptively similar to each other ..... they are schedule 'h' drugs available only on doctor's prescription being prescribed for heart diseases, which is a serious disease in the ..... was available without a doctor's prescription even in pan-beedi shops, whereas on the contrary, the defendants' medisprin, although it contained the an algestic aspirin like the plaintiff's disprin, yet it also included other ingredients and made it a special drug for heart patients and thereforee was a schedule h drug available only on doctor's prescription and not otherwise. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1992Ker163
..... could either base his claim upon user for a period of 60 years against the government and the transferee, as such, of the government or, if he so preferred, he could ignore the period of prescription against the government had based his claim entirely upon user for a period of 20 years while the property was in the possession of the transferees,'10. ..... thus if at the institution of the suit the servient tenement belonged to a private individual the period of user to acquire easement by prescription is twenty years ending within two years immediately before the institution of the suit even though the predecessor-in-interest of the servient owner was the ..... it was contended, the view of the lower appellate court that the plaintiff is not entitled to easement by prescription as he did not enjoy the same for the period of twenty years after the 1st defendant got assignment from the government is not ..... being in 1975, and the suit having been instituted in 1981 the user by the plaintiff fell short of the statutory period of twenty years; and that the plaintiff has no case that he acquired easement by prescription against the government before the first defendant obtained assignment in his favour. ..... point urged is, since the first defendant obtained assignment only in 1975 and the suit was instituted in 1981, within 20 years of the assignment in favour of 1st defendant the plaintiff could not acquire easement by prescription as he did not enjoy the easement for the statutory period of 20 years. .....
Tag this Judgment!Court : Kerala
Reported in : 2005(2)KLT9
..... court is specifically authorised to follow the procedure, which it may deem fit, prescriptions notified, including requirement of minimum marks in the written and oral examinations, were ..... further, according to him, it was neither abnormal nor irregular in the presence of such prescription, when such power had been conferred on the high court to prepare the list after following such procedure as ..... however, rule 15(c) is irrelevant, since what was to be followed and in fact the prescription accepted was the one spoken to by rule 15(b), which reads as follows:'(b) if a suitable candidate is not available for selection from the group of communities classified as 'scheduled castes' in the turn allotted for such ..... to the support of the petitioners for raising a contention that notwithstanding the specific prescription of cut off marks in the selection, it should not have been followed.27. ..... participants in the selection were members of the lawyer community with a minimum of five years' experience, at the bar: therefore, such a prescription uniformly applied could not have been termed as arbitrary or irregular. ..... the very word 'examination' presupposed, according to the counsel, a prescription of minimum marks to be obtained by a candidate for adjudging as to whether a person ..... the learned judge had held that prescription of minimum marks for the oral examination and rejection of candidates, who did not secure such minimum marks, from the purview of selection was altogether bad and beyond .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1976Guj180; (1976)GLR67
..... the question which arises for our consideration may, i think, be put in these terms:- 'whether a person can be said to establish a right of easement, when it is shown that during part of the prescriptive period this person has exercised the right he now claims as easement, not as a right over the property of another, but as a right over property which at the time he considered to belong to himself? ..... claim of certain rights over another man's property and as such it resembles in some respects the claim to ownership by adverse possession of property; both are of hostile origin and are, therefore, prescriptive rights obtained by adverse enjoyment for a certain period, the difference being that while in the case of adverse possession the possessor must assert his own ownership, in the case of easement he must assert limited ..... ' i think therefore that there can be no doubt that in this country if the owner of the dominant tenement has during part of the period of prescription exercised the rights which he now claims as an ease ment, under the assertion or belief that he was the owner of the servient tene ment, then his exercise of those rights is not exercise 'as easement,' ..... bom lr m8 : (air 1939 bom 149) each case must depend on the particular facts proved, but it will be necessary in every case in which acquisition of easement by prescription is claimed to establish that such an attitude or unconsciousness in the domi-~ nant owner can be inferred from the circumstances of that case. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1965AP425
..... : (a) that the director of public instruction or the government has no power or authority to cancel the text books prescribed by the state text books committee ; (b) that the action of the respondents in cancelling the prescription of the text books by the text book committee is based on extraneous and improper considerations and (c) that in cancelling their previous order, the respondents did not observe the principles of natural justice. ..... the state text book committee was constituted did not reserve to the government any power whatsoever to approve or modify or reject or differ from the prescription of text books by the said committee and that therefore the committee was the sole authority in the matter of prescription of hindi text books and the government did not come into the picture at all and consequently it had no authority or jurisdiction to cancel what ..... this was reiterated and emphasised in the second communication of he director of public instruction dated 12-5-`964 by which he kept the prescription of the text books ;in abeyance until further orders.looked at from any point of view, it appears to me that the right which the petitioners can possibly claim is only a right ..... narasaraju is that the government have acted without bona fides, that their action in cancelling the prescription of the petitioners books was actuated by extraneous considerations and improper motives, and that therefore though their action be administrative in character it is amenable to the writ .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(3)ALD367; 2001(3)ALT439
..... 4/7th share in the suit well and in its waters not only as a right (presumably on the basis of sale deed) but also as an easement of necessity and at any rate acquired the said rights by prescription by enjoying the same over the statutory period and that they perfected their right to draw water from the well by continuous use since 1943. ..... as to the acquisition of easementary right to draw water from the plaintiffs well by the defendants by prescription, it may be pointed out that there is scarcely and evidence that the defendants have been enjoying the water from the well situated in the plaintiffs land for more than 20 years ..... a claim of acquisition of easementary right in respect of underground water by prescription is not contemplated under section 17 of the easementary act, 1882 unless it is shown that the underground water was passing in ..... 17 of the act prohibits acquisition of any rights to underground water by prescription, which is not passing in a defined channel.25. ..... be acquired by prescription :--easements acquired under section 15 are said to be acquired by prescription, and are called prescriptive rights. ..... defendants were claiming acquisition of easementary right to draw water from the plaintiffs well by prescription under section 17 of the act. ..... air1982all468 , the allahabad high court held that under section 17(d) of the indian easements act, 1882, a right to underground water not passing through a defined channel cannot be acquired by prescription under section 15.26. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1996(1)ALT877
..... thus the suit was hopelessly barred by limitation when it was filed by operation of the law of prescription read with article 65 of the limitation act. 32. ..... in all cases of bar of limitation in any manner including the prescription or adverse possession, the rule of tacking operates. ..... a t any rate, this could be neither a case of prescription nor adverse posssession on the part of the defendants who and whose purchasers in title were the owners with title and possession and continued as such till to-day. ..... by p.j.fitzgerald) therefore, sometimes it is said that adverse possession is the converse of right by prescription, and vice versa is also stated to be true. ..... to understand the same, we must read into: 'prescription may be defined as the effect of lapse of time in creating and destroying rights; it is the operation of time as vestitive fact. ..... therefore, this may be a negative prescription as divestitive operation of lapse of time to possession. ..... positive prescription is the investitive operation of lapse of time with possession, while negative prescription is the divestitive operation of lapse of time without posssession. ..... the legal and lucid distinction between the doctrines of 'adverse possession' and 'prescription' appears to be well established. ..... (8) whether the defendants acquired title to the suit schedule properties by prescription and pleaded by them? ..... in both forms of prescription, fact and right, possession and ownership, tend to coincidence. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1976P&H143
..... to my mind, it would be reading too much into such a procedural provision, that it prohibits the perfectly legal exercise of the prescription of a quorum for the standing committee or that it enjoins that each of its members shall necessarily sit and function together in a ..... however, he was immediately confronted with the various statutory provisions which in terms provide or allow the prescription of a quorum for judicial and quasi-judicial bodies and in particular to section 13(1) of the sikh gurdwaras act, sections 5(4) and 6(3) of the industrial disputes act, 1947, and section 44 (2) of the motor vehicles act, ..... it is evident from the above that the crux of the matter here, namely, the prescription of a quorum by a resolution of the syndicate was wholly non-existent in the abovesaid case; the respondent-university did not contest the issue and did not even file a written statement; and as is evident from ..... section 5(4) and section 6(3) of the industrial disputes act in terms provided for the prescription of a quorum for the board of conciliation and the court of enquiry constituted under ..... i, therefore, proceed on the admitted assumption in this case that the prescription of a quorum of two by the syndicate for the standing committee is by itself perfectly legal and unassailable ..... evident that the highest that can be said for the petitioners is, that two views are possible on the issue of the prescription of a quorum for the standing committee in conjunction with regulation 32.1. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC1878; 1972MhLJ53(SC); (1971)2SCC205; [1971]SuppSCR335
..... and an easementary right of light and air mentioned in the first two paragraphs of section 15, and held that though a lessee of land, who is the owner of the building on such land, cannot acquire by prescription an easement of a right of way or one to flow water over another land of the lessor, so far as the use of light and air or support for his building is concerned he is the owner ..... (d) of the transfer of property act, 1882, and therefore, the said strip of land must be deemed to be comprised in the lease, and (3) that the appellant had acquired by prescription rights of easement of light and air, of throwing rain water and draining waste water through the said drain and of passage over the said strip of land under section 15 of the easements act, ..... 690 the high court of bombay differed from the allahabad high court holding that the distinction in english law arising from the language of sections 2 and 3 of the prescription act, 1832 between an easement of light and air on the one hand and of easement of way on the other, did not hold good under the easements act as no ..... encroachment by the lessee, and the lessee acquires title thereto by prescription, he must surrender such accession together with the leased land to the ..... therefore, if the owner of a dominant tenement has, during the period of prescription, exercised rights on the footing that he is the owner but which he later on claims as an easement over a servient tenement, then, his exercise of those rights is not exercised as .....
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