KEYWORDS:- COPYRIGHT – COMMON LAW PRINCIPLES-Infringement of a copyright- DATE:-18-08-1978 AIR 1978 SC 1613 : (1979) 1 SCR 218 : (1978) 4 SCC 118 (SUPREME COURT OF INDIA) R G. Anand Appellant […]
Keywords:- Industry meaning- DATE:-07-04-1978 AIR 1978 SC 548 : (1978) 3 SCR 207 : (1978) 2 SCC 213 (SUPREME COURT OF INDIA) Bangalore Water Supply and Sewerage Board Appellant Versus A. Rajappa […]
KEYWORDS:-PREVENTIVE DETENTION-Personal liberty- DATE:- 25-01-1978 Preventive Detention must be in the interest of the general public- It should Right , Fair and Just It has given a new interpretative dimension of the provisions […]
Orissa Act No. 6 of 1978 Published vide Orissa Gazette Extraordinary/27.3-1978. For Statement of Objects, and Reasons see Orissa Gazette Extraordinary No. 200/16.2.1976. An Act to provide for the abolition of payment […]
In State of U.P. and Another v. Kamla Palace, (2000) 1 SCC 557, this Court, while considering a fiscal statute in relation to Article 14 of the Constitution, has stated as under: […]
How can there be a rule of law society if members, bulk of whom are poor and unable to decode law to obey it? SC
The rule of law is the cornerstone of democracy and how can there be a rule of law society if the members, the bulk of whom are too poor to buy legal […]
If a party in Trial or appeal or revision dies and right to sue survives the L.Rs must be substituted otherwise suit shall be abated-SC
SUPREME COURT OF INDIA DIVISION BENCH ( Before : D. A. Desai, J; Baharul Islam, J ) BIBI RAHMANI KHATOON AND OTHERS — Appellant Vs. HARKOO GOPE AND OTHERS — Respondent
If property belongs to Government for acquisition of easementary right by prescription user of “30 years” is required.
It is settled principle of law that what has not been conferred in the plaint cannot be proved. Only right of easement by way of prescription has been pleaded, alleging that Plaintiff was using the land of Plot No. 164 for 20 years. It is pertinent to mention here that at the end of Section 15 of Indian Easement Act, 1882, which pertains to acquisition by prescription, it is specifically mentioned that if the property, over which a right is claimed, belongs to the Government, the word ’20 years’ shall be read as ’30 years’. As such, in respect of a Government land mere user for 20 years does not confer any easementary right by way of prescription to the Plaintiff, as he has nowhere pleaded that he used the land for 30 years or more.
28. Section 13 of the Press Council Act, 1978 specifies the objects and functions of the council. Section 13(2)(c) states: to ensure on the part of newspapers, news agencies and journalists, the […]
Supreme Court recommend the Union of India to seriously consider bringing an amendment in the Hindu Marriage Act, 1955 to incorporate irretrievable breakdown of marriage as a ground for the grant of […]