there exists no trees on the land, no common place i.e.
of
school, water sources and cremation ground. The petitioner
averred in the petition ... come in the reply that no common place i.e.
rt
school, water sources exists/situate upon the proposed land.
Hence, in view
deduction of
amount receivable by the dependents of the deceased from whatever
source, in the context of provisions of the Motor Vehicles ... common law to estimate damages cannot
be invoked for computing compensation under the Motor Vehicles Act .
Further, the “pecuniary advantage” from whatever source must
correlate
properties inherited and bequeathed from
different sources have been clubbed together and put into common hotchpot
under Ex-A.3. Therefore, the plaintiff is legally
test of
deception or its likelihood is that of the common person. Here
again, the similarity tests used in infringement actions have a role ... goodwill
achieved by the Plaintiffs and to claim a common or sharing source,
origin or provenance.
19. As to Mr. Udaipuri's case that
that when
persons are appointed from various
sources and they enter a common cadre
their seniority will have to be counted
from the date
test of deception or
its likelihood is that of the common person. Here again, the
similarity tests used in infringement actions have a role ... goodwill
achieved by the Plaintiffs and to claim a common or sharing source,
origin or provenance.
20. There then follows another defence in the Affidavit
Court that it is a just and wholesome principle
commonly applied where persons from different
sources are drafted to serve in a new service that
descended from common ancestors i.e. father, grand-father or
great grand father. If the property is inherited from any other source
that will
fact remains that the
source of information is common, viz., the appellant. It is not the
case of the defence that on 29.4.2007 itself
decayed
fence, vibrations, poisonous vegetation. He has elaborated
seven defences recognised in common law against action
brought on the strength of the rule in Rylands ... plaintiff i.e. volenti non fit injuria.
(2) Common benefit i.e. where the source of the danger is
maintained for the common benefit
