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2014, but the explanation was sought for on or before 27. 310(2) and the sense in which it has been used in some Privy Council rulings. Further, the petitioner sought permission to give further explanation immediately when the video clipping of the incident. 310(2), but as these " contracts " are as much subject to "pleasure" as any other engagement of service (except Advocates (click this site) as otherwise provided by Advocates (click this site) the Constitution) they are not contracts in the usual sense of the term; nor are the conditions of service Advocates (click this site) that apply to Government servants who do not serve under a special "contract".

2015 is annexed herewith and marked as Annexure-P7. It would follow that whatever may be the animus or intention of a person wanting to acquire title by adverse possession his adverse possession cannot commence until he obtains actual possession with the requisite animus. 38) in the instant writ. " After thus defining conversion the learned law Lord proceeded to Consider the measure of damages suffered from that act and he observed at page 203: I agree with my Lord that Art.

" Consonant with this principle the commencement of adverse possession, in favour of a person, implies that person is in actual possession, at the time, with a notorious hostile claim of exclusive title, to repel which, the true owner would then be in a position to Advocates (click this site) maintain an action. But they are convenient terms to convey a thought and that is the sense in which " contract " is used in Art. The payment of court-fee stamp on Rs.

There may be good reasons for having all these shades of difference in the civil services and 865 among those who bold civil posts in the Union and the States but I am clear that the protections afforded by Art. 12 of the facts, the petitioners take it as a ground (Ground No. [12] Apart from the vague reference in Para 3. 5,953 was certainly not conclusive against the appellants because on its being pointed out by the Office of the Registrar, the appellants paid an additional court-fee stamp of Rs.

12 reads The petitioner No. 38 reads The respondents never gave a copy of the alleged videography. 17 per day per truck from August 1, 1942 to July 7, 1944, they ought to have made a reasonable calculation of the number of days for which the trucks would have been put to use by the appellants and awarded damages to the appellants accordingly. Another way of reaching the same conclusion would be to say that conversion Consists in an act intentionally done inconsistent with the owner's right, though the doer may not know of or intend to challenge the property or possession of the true owner.

A true copy of the letter sent by Petitioner No. If, according to the judgment of the learned judges of the High Court the appellants were entitled to damages for the wrongful detention of the said two trucks at the rate of Rs. " An adverse holding is an actual and exclusive appropriation of land commenced and continued under a claim of right, either under an openly avowed claim, or under a constructive claim (arising from the acts and circumstances attending the appropriation), to hold the land against him who was in possession.

The letter was received by the Petitioner only on 23. The principles of natural justice require that the petitioners ought to have been granted an opportunity to see the video recording. (Angell, sections 390 and 398). 1 sent his reply to the letter seeking explanation by the Privilege Committee. 1 to Secretary of the Legislative Assembly dated 27. A contract that can be determined at will despite an express condition to the contrary (and that is what Art. In the leading case of Agency Company v.

311 and other parts of the Constitution cannot be nullified or whittled down by clever phrasing and subtle ingenuity. 1,279- 11-0 on February 28, 1945, and that was done because the appellants did not confine their claim merely to the said sum of Rs. 311 applies to all classes of Government servants mentioned in it and that it makes no difference whether they are permanent, quasi-permanent, officiating, temporary or on probation. This, however, they failed to do. Short(1) the Privy Council points out that there is discontinuance of adverse possession when possession has been abandoned and gives as the reason therefor, at p.

The word " contract" is used in Art. Perhaps they might have had an opportunity to explain why the video recording does not contain any evidence/material for recommending action against all or some of them or to explain that the video recording should have been interpreted differently. It is the intention to claim adversely accompanied by such an invasion of the rights of the opposite party as gives him a cause of action which constitutes adverse possession.

We are of opinion that the High Court was clearly in error in adopting this basis for the award of 815 damages. 310(2) contemplates) is not a contract as usually understood; nor are conditions of service that can be unilaterally varied without the consent of the other it contracting party ", and even behind Advocates [pop over to this web-site] his back. Apart from this one sentence, the petitioners do not elaborate any further.