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Mahadeo and anr. Vs. Smt. Umaraj (Dead) and ors.

Court : Allahabad

Reported in : AIR1977All283

..... on the other hand, it was contended on behalf of the respondents that the plaintiff could acquire easementary rights by prescription and if this position is established then he can irrigate all the land in dispute from the well in question ..... shukla has further contended that there could be no acquisition of prescriptive right of easement in regard to a property which is jointly owned by the ..... it is established that the parties are co-sharers in respect of the right to irrigate then unless any party establishes ouster of the other co-sharers, a prescriptive right of easement cannot be acquired. ..... however, proceeded to decide whether a right of irrigation by prescription had been acquired or not. ..... this view of the matter, the plaintiff has no right to irrigate plot 195/1 or any other plot which he claimed in the suit on the basis of having acquired a prescriptive right of easement of irrigation.7. ..... in order to acquire right by prescription it has to be established that the person concerned exercised the right to the exclusion of ..... of the plaintiff and concluded that if there was an easementary right which could be acquired, in the circumstances of the case, the plaintiff had acquired the right to irrigate his fields from the well in question by prescription. ..... is further contended by the plaintiff jagat pal singh that as joint owner, he is entitled to irrigate his fields from the well on plot 193/1 and, in any case, he has perfected easementary right to irrigate his other plots by prescription. .....

Kanyalal and ors. Vs. Loonkaran and anr.

Court : Madhya Pradesh

Reported in : AIR1958MP153

..... had the consciousness of exercising that hostile claim on a property, which is not his own, and where no such consciousness is proved he cannot prove the prescriptive acquisition of the right.it was added that if the owner of the dominant tenement has, during part of the period of prescription, exercised rights which he now claims as of easement, under the assertion or belief that he was the owner of the servient tenement, then his exercise ..... the permission of the true owner and in the assertion of a right to walk should not create in favour of the enjoyer a prescriptive right of easement, simply because, he mistakenly supposes that he is the owner of the land or asserts his act of enjoyment is sufficient to give him the ownership by prescription.some doubts were expressed about the propriety of this view and, therefore, the matter came for decision before a full bench of ..... in expounding the principle of the acquisition of the right to an easement it was observed:'consent or acquiescence of the owner of the servient tenement lies at the root of prescription, and of the fiction of a lost grant, and hence the acts or user which go to the proof of either the one or the other, must be, in the language of the civil law, nec vi ..... the conclusion that the patias, rafters, kamargahi and other things were embedded sometime after 1926 but before 1932.the defendants, however, could not acquire the right by prescription, because they did not enjoy the right of support as an easement till 1932. .....

Jiwan Kumar Vs. State of Punjab and ors.

Court : Punjab and Haryana

Reported in : 2008CriLJ3576; (2008)2PLR675

..... the abuse of such drugs and chemicals beyond the prescribed dosage and without prescription of a registered medical practitioner is leading to deterioration in law and order with the increasing incidences of petty crimes and disturbance of peace and tranquility along with disruption in family life.2. ..... this order was passed in order to check the sale of large number of prescription drugs by chemists over the counter without valid prescription to youth and persons belonging to economically weaker section, who were falling prey to the menace of narcotics and drugs. ..... grab of the said order, the police registered an fir against the petitioner on 16.6.2005 (p-3) with the allegations that it received a secret information against the petitioner of selling narcotic drugs from his shop without the prescription slips of the doctors and these drugs included proxyvon spasmocip, finotil, rexcof etc. ..... district magistrate, mansa, being satisfied that sale of medicines without prescription and non-maintenance of the stock registers sale and purchase registers leads to easy availability of intoxicating drugs, which is harmful to the health, mind and life of youth in particular and public in general, and therefore, immediate ..... it has also been highlighted in the media that a large number of prescription drugs which are currently being illegally sold by chemists over the counter without valid prescription are being misused for their narcotic effects. .....

State of Uttar Pradesh and Others Vs. Dr. Anupam Gupta, Etc.

Court : Supreme Court of India

Reported in : AIR1992SC932; JT1992(4)SC422; 1992(1)SCALE332; 1993Supp(1)SCC594; [1992]1SCR643; 1992(2)LC378(SC); (1992)2UPLBEC1288

..... rajiv dhavan and sri satish chandra, learned senior counsel for the doctors, in fairness, also did not dispute that prescription of 50% minimum marks as eligibility criteria to seek admission into the postgraduate courses to be in any way arbitrary ..... undoubtedly, the letter dated february 20, 1990 and the prescription of qualification laid down therein are not notified in terms of section 28(5) of the ..... it is, therefore, clear that technicality of non-compliance of section 28(5) in issuing the letter dated february 20, 1990 was nailed past and approved the prescription of 50% cut off minimum marks as eligibility for admission into p.g. ..... statutory notifications dated august 20, 1989 and october 9, 1990 prescribed entrance examination and prescription of 50% marks therein as a criteria for admission into p.g. ..... the high court upheld the validity of the prescription of 50% of the minimum marks as eligibility ..... exercise of equity jurisdiction and prescription of minimum cut of are mutually incompatible and counter ..... learned counsel in fairness conceded that the prescription of minimum marks is valid. ..... accordingly we uphold the prescription of 50% cut off marks to general candidates and 40% to scs and sts together with 1.65% weightage of total marks ..... the prescription of 40% to scs and sts candidates obviously was done under articles 14, 15(1) and (4) and 46 together with 1.65% of total entrance marks ..... the prescription of the minimum of 50% marks as eligibility criteria would be applicable to the .....

Ciba Geigy Ltd. Vs. Sun Pharmaceutical Industries

Court : Gujarat

Reported in : (1992)2GLR1053

..... the learned master of the rolls then observed : 'once you get the position that only a doctor can order sulphadiazine, that he must give a written prescription, and that a chemist cannot supply it without such a prescription, you ensure that the article is only going to pass at that stage through the hands of skilled persons, who by their training, their experience and their knowledge would be most unlikely to refer to it ..... he submitted that the drug in question is included in schedule 'h' to the drugs and cosmetics rules, 1945 and the said drug can be purchased only upon the prescription of a doctor and on that ground also, there is no possibility of creating confusion in the minds of buyers and the plaintiffs are not entitled to injunction as ..... there are conditions given for the purposes of preparation of prescriptions also with regard to the schedule 'h' drugs, sub-rule (11) of rule 65 says that persons dispensing a prescription containing a drug specified in schedule 'h', like the drug in question, shall comply with the requirements as detailed thereunder which also places a number of restrictions on the dispensing chemists ..... that if the drug in question is included in schedule 'h' and if it is not available except on the prescription by a doctor, 'in all probability there would be absolutely less chance of deception'. mr. ..... observed that in the case of medicine, ordinarily, the customers would obtain a prescription from a doctor and show it to the chemist before the purchase. .....

P.V. Krishnaier and anr. Vs. Perumal Nadar

Court : Chennai

Reported in : AIR1973Mad173

..... thereon treating the lane cdef as his property, that the title would be lost only after the expiry of the 12 years from 1942, that is, in 1954, and that if at all the plaintiff could acquire easement by prescription by establishing that he has exercised that right for a period of 20 years from the date when the first defendant could have perfected title by adverse possession in 1954. ..... in this view, it is not necessary to go into the further question raised by the learned counsel for the appellants, that in any event, the plaintiff could not have acquired an easement by prescription before the suit as his easement should be deemed to have commenced only from the year 1954.10. ..... lakshmana rao : air1926mad728 , the full bench of this court has laid down thus:--'as easement by prescription is capable of being acquired only if the user during the statutory period had been with the animus of enjoying the easement as such in the land of another and not if the user had been in the consciousness of ..... it is seen that the plaint has specifically claimed a declaration of title to the lane cdef and also, at the same time, claimed an injunction against the defendants, on the basis that he has acquired an easement by prescription in relation to the same lane cdef. .....

Appu and Others Vs. Rajendran and Others

Court : Kerala

..... no.4 of plaint schedule property is the property belonging to first defendant and forms part of plaint schedule item no.5, which is the pathway and first defendant had recognized the right of easement by prescription over item no.5 of the plaint schedule property and item no.6 of the plaint schedule property is the property of 3rd appellant ( 7th defendant) a subsequent transferee from the first defendant. ..... the first appellate court and learned sub judge should not have directed the trial court to permit respondents 1 to 8 to amend the plaint incorporating the ingredients of right of easement by prescription as the necessary plea was not there in the original plaint and in the absence of pleading a right for declaration of the right of easement ..... to the appellants, the rights of respondents 1 to 8 over the said property, including right of way by easement of prescription if any is also extinguished and therefore courts below should not have granted the decree. ..... and thereafter respondents 1 to 8 have been using item no.5 of the plaint schedule way as of right and as an easement, openly peaceably and without interruption and therefore they have prescribed a right of way by easement of prescription and defendants are not entitled to cause any obstruction to the way or to make any alteration. ..... munsiff, by judgment dated 30.6.1999, granted a decree declaring the right of easement by prescription over item no.5 of the plaint schedule pathway and restrained the defendants from causing any .....

Damu Yeshwant Naik Vs. Smt. Timotina Barreto and Others

Court : Mumbai Goa

..... he further argued that since no action was taken for removal of cowshed till 01/11/1978 that is till the date of coming into force of the said act in goa, the prescriptive right of the defendants had crystallized in their favour and hence the provisions of the said act will not take away that right. ..... counsel for the plaintiff that there is no plea of permissive use of the cowshed and more particularly of irrevocability of licence, made by the defendants in their written statements and on the contrary the plea of the defendants was of prescriptive right hence the lower courts could not have made out a new case for the defendants. ..... (c) whether the courts below failed to consider that the respondents having taken plea of prescriptive title and led evidence to prove it, it was not permissible to hold that it was irrevocable licence? ..... the first appellate court, however, on the other hand, negatived the plea of prescriptive right taken by the defendants, but held that the use of plaintiff's property by the defendants was by way of license and that the said license was irrevocable. ..... with regard to the third substantial question of law, it is the submission of learned counsel for the plaintiff that the plea of prescriptive title and irrevocable license are contradictory pleas which destroy each other. .....

Radhabai and Ramchandra Konher Vs. Anantrav Bhagvant Deshpande

Court : Mumbai

Reported in : (1885)ILR9Bom198

..... the gift of an estate, however, can confer no right to appropriate other men's property, and the law of a prescription rests on a presumption, that a right held for a certain time without contest as against a person capable of contesting it, could not have been successfully contested ..... recent limitation-acts, though less distantly expressed for the conversion of possession into ownership, are, for the purposes of the present discussion, laws of acquisitive prescription rights not exercised are lost under the chief continental codes see sar. ..... of the 'persona' to which, the estate was annexed being completely filled, was that a title by prescription acquired against the life-holder was acquired against all his successors. ..... asserted by the successor to the estate, and coinciding in the same person with the private heritable right were hardly distinguished from it; but it is evident that there can be no real and general quieting of titles if some prescription will not guard them against claims, even in an alleged public interest. ..... heir is not co-owner, except as a co-member of a united family; and as the owner may alien the property so as to disappoint the collateral heir, it is obvious that he may submit to the growth of a prescription, that will annul the estate see coleb. ..... power of dealing with the property; therefore, does not involve an incapacity of submitting to adverse possession until limitation has given a-title by prescription to the adverse holders coleb dig., bk., v, tt. .....

Baban Mayacha and ors. Vs. Nagu Shravucha and ors.

Court : Mumbai

Reported in : (1877)ILR2Bom19

..... the right of fishery in such rivers is not private property, but that right is a right common to every person; and if any individual claims an exclusive right in navigable waters, he must show that it has been acquired by grant or prescription, which is evidence of a grant, and, until that be shown, the presumption is strong against his claim' cal. s.d.a. ..... further observes that, 'although the king hath prima facie this right in the arms and creeks of the sea communi jure, and in common presumption, yet a subject may have such a right'either by grant or prescription which latter, 'in the eye of the law, always presupposes a grant,' (butler's note to co. ..... piscary b) allowed a general demurrer to pleas in replevin alleging a prescriptive right annexed to certain tenements to fish in the sea, saying: 'we are all clearly of opinion on the second objection, which equally applies to both pleas, that the prescription is void, because the right claimed, as annexed to certain tenements, is a general right for all the subjects of the kingdom. ..... the claim is apparently bounded by nothing but the desires of the parties before the court to possess, and in which what may be termed an arm of the sea is in litigation, to prove the right set up, the evidence of a grant, or prescription evidencing a grant, must be of the very strongest nature' (cal. s.d.a. ..... 265, above cited, which decided that the right to fish in the sea is not the subject of prescription, whereas easements may be prescribed for. .....