...remain in possession and enjoyment of the property adverse to the interest of the true owner until the expiry of the prescribed period. The classical requirement of adverse posse...23, has observed that the ordinary classical requirement of adverse possession is that it should be nec vi, nec clam, nec precario and the possession required must be adequate in continuity, in...support of his contention that the only requirement of law to claim title by adverse possession is that the possession must be open and without any attempt at concealment and it is not necessary that...

...78, AIR 1934 PC 23 it was observed that the ordinary classical requirement of adverse possession is that it should be nec vi...of the land in question and he has been in continuous possession till 1986, which is proved from the register of right of cultivation. Thus, the appellant became owner of the suit property by adverse...ownership of the respondents by adverse possession. According to the appellant, there is no basis for the finding of the ownership of the appellant on the basis of adverse possession...

....2. The plaintiff claimed title to the suit lands on the following grounds : (1) Since 1915 he and his predecessors-in-interest were in adverse possession of the lands, and on the...section 28 of the Act and the plaintiff was not a mere trespasser. The court further held that title by the adverse possession can be established against wakf property also. The Privy Council observed...acquire a title under Section 28 of the Limitation Act. It is no doubt true, as the learned Subordinate Judge held, that the claim of a mere trespasser to title by adverse possession will be confined...

...twofold. One is to recognise the title of the person against whom adverse possession is claimed. Another is to enjoy the property adverse to the title-holder's interest after making him known that such...adverse possession to the knowledge of the transferor or his successor in title or interest and that the latter had acquiesced to his illegal possession during the entire period of 12 years i.e up to..., continuous uninterrupted and hostile possession of the plaint schedule land, adversely to the interest of any other person including the defendant for the past over fifty years exercising absolute...

...consideration in Rajya Sabha elections, cannot therefore be faulted — Constitution of India — Arts. 327, 328 and Sch. VII List I Entry 72 — Representation of the People Act, 1951 — Ss. 59, 94, 128 (as....(Para 409)ZC. Constitution of India — Arts. 80, 55 & 66, 327, 328 and Sch. VII List I Entry 72 — Rajya Sabha...elections — Removal of secret ballot and introduction of open ballot system by amendment of relevant provisions of RP Act, 1951 — Validity of — Held, there is no requirement of Rajya Sabh...

...reliance on “casual advertence” or on the basis of “scanty material”. It was then held that the classic requirement of adverse possession is that possession should be open, assertive, hostile and...to the relief of adverse possession or is the claim so made, barred by the Kerala Land Conservancy Act, 1957?16. For an appeal to be maintainable under Section 100...years which is less than required period of 30 years, after which adverse possession could be claimed against the State. Further, it is submitted that Section 20 of the Act bars any suit or other...

...record of the said officer and came to the conclusion that continuance of the said officer in service would be a liability to the Department and adverse to public interest as his ACRs revealed that he was...the petitioner dated 20-5-2003, in public interest, invoking the provisions of Rule 74(b)(ii) of the Jharkhand Civil Services Code (hereinafter called “the Code”) along with five other judicial officers...and there was no adverse entry against him and he had even been promoted to the post of the Additional District and Sessions Judge (Fast Track), thus adverse entries, if any, stood Washed-off as the...

...is a Section Officer in the office of Chief Controller of Import and Exports, Ministry of Commerce. By a memorandum dated May 7, 1985, the Director communicated adverse remarks awarded to the...decisions of High Courts, the Tribunal held that a bald communication rejecting the representation made against the adverse entries does not meet the requirement of law. The Tribunal further held that...the order of the Ministry of Commerce dated January 6, 1986 rejecting the respondent's representation against the adverse remarks awarded to him.3. E.G Nambudiri respondent...

...erroneous inasmuch as the High Court exceeded its jurisdiction under Section 100 of the Code of Civil Procedure by reversing pure finding of fact given by the two courts below on the question of ...exceeded its jurisdiction under Section 100 in reversing pure concurrent findings of fact given by the trial court and the then appellate court both on the question of title and that of adverse possession...-municipality from disturbing the possession of the plaintiff. It appears that prior to the suit, proceedings under Section 145 were started between the parties in which the Magistrate found that the plaintiff...

...plaintiff and the second defendant. 26 202 Now, the ordinary classical requirement of adverse possession is...: Adverse Possession-Possession of co-heir, when adverse- Ouster-Possession of Receiver pendente lite, if can be tacked. HEADNOTE: V died an...and that H obtained the decree and got into possession on behalf of all the co-heirs. The appellant resisted the suit and contended that the respondent lost his right by the adverse possession of H...

...take certain steps which may have gone adverse to the interest of such persons on account of such withdrawal. Moreover, the Government is competent to rescind from the promise even if there is no...were applicable to the facts of the case. There was no material to show existence of any overriding public interest to rule out application of the aforesaid doctrines, there was no scope for....(4) The grant of subsidy is a concession and the Government has got good reasons for modifying the scheme in public interest...

...meets the requirement of being nec vi nec claim and nec precario. To substantiate a plea of adverse possession, the character of the possession must be adequate in continuity and in the public because the...this Court dwelt on the “classical requirement” of adverse possession: (AIR pp. 317-18, para 4)‘4. Now, the ordinary classical requirement of adverse...the defendants become owner by adverse possession of the property in suit?5. Whether the defendants are in unauthorised occupation of the property in...

...however long does not necessarily mean that it is adverse to the true owner and the classical requirement of acquisition of title by adverse possession is that such possessions are in denial of th.... Further plea of the first defendant was that he had perfected his title by adverse possession.6. On the basis of the pleadings of the parties the trial court framed various...the sale of Item I of the scheduled property to Defendant 1 in 1943 is true?”7. It is relevant here to state that no issue of adverse possession was framed but...

...Rule had dropped all the four disciplinary cases. In spite of that, according to the appellant, the fourth case was however kept pending illegally. Further the adverse remarks of 1973-77 which were...Committee dated 30-8-1979 were vitiated because the fourth disciplinary case though dropped by the Governor during President's Rule, was kept alive and an order of censure was passed. Certain adverse...remarks which were relied upon were consequent to the Order of Central Government expunged on 29-5-1980 by the State Government. Though adverse remarks prior to his promotion to the selection grade had...

...workman. As the management has failed to provide the originals, even after direction of the Tribunal, adverse inference will be taken. The nature of adverse inference shall be that it shall be...submitted that it was totally wrongful on the part of CGIT to draw adverse inference for not producing any original of those documents, photocopies whereof were filed by the respondent. The submission was...no question of producing the originals thereof and, thus, no adverse inference could be drawn. According to the learned counsel, these findings were totally perverse and this aspect was categorically...

...permissibility of such a course only on cogent grounds indicated while deciding to switch over to the procedure of negotiation after receiving the tenders to satisfy the requirement of non...fairly in his interaction with the State and its instrumentalities, with this element forming a necessary component of the decision-making process in all State actions. To satisfy this requirement of...due weight to it may render the decision arbitrary, and this is how the requirement of due consideration of a legitimate expectation forms part of the principle of non-arbitrariness, a necessary...

...ADM directing the removal of encroachment is absolutely legal, having been passed in exercise of the powers under Sections 22 and 24 of the Rajasthan Colonisation Act, 1954. Want of notice under Section...therein in 1955 itself and thus, this period becomes over about 30 years. Under the circumstances, the ‘adverse possession’ of the plaintiff over the land in question has been established on the basis...to be satisfied before the claim of the plaintiff of perfection of title by adverse possession could be sustained, involving correspondingly destruction of title of the State in respect ...

.... Suryakant Chunilal Shah (1999) 1 SCC 529 in which it was held:“25. Purpose of adverse entries is primarily to forewarn the government servant to mend his ways and to...performance.”On the strength of the above decisions learned counsel for the respondent submitted that only an adverse entry needs to be communicated to an employee....9. In the present case the benchmark (i.e the essential requirement) laid down by the authorities for promotion to the post of Superintending Engineer was that the candidate should have...

..., (1982) 84 Punj LR 337, 1982 Hindu LR 327 would be to render the provisions of Section 406 IPC inapplicable and nugatory even if the husband has the audacity or the importunity of refusing to return the...interest to her, and shall also pay a fine to the king... Whatever she has put amicably into the hands of her husband afflicted by disease, suffering from distress, or sorely pressed by creditors, he...subject to such rights. Ordinarily, the husband has no manner of right or interest in it. But in times of extreme distress, as in famine, illness or imprisonment, or for the performance of indispensable...

...allowed to continue in any case after 31-12-1990 unless prior written approval was obtained from the Vice-Chancellor. It was further directed that if there was any need of any extra hand, the Section...Section 6-N of the U.P Industrial Disputes Act, 1947. It was argued that the respondents were out of employment since 1991 and they are finding it difficult to survive along with their families with...the meagre amount of Rs 650 awarded to them under Section 17-B of the Industrial Disputes Act, 1947. It was further submitted that the respondents' juniors were retained and continued in service and...