together goes to indicate that it is a waqf established by long user. The process in regard to registration of waqf was initiated ... waqf has to be determined on the basis of long user and the nature of the offerings and the nature of the activity going
worship at the temples, merely because
there was proof of long user by the members of the Vaishnava
sect without any let or hinderance, that ... public; and in the absence of any
document creating the endowment, long user is the material
factor from which an inference of dedication may arise
that the exercise was as of right can be inferred from long user. In Phillips v. Halliday, 1891 AC 228, Lord Herschell stated ... valid title. Every presumption is made in favour of long user; and not only ought the Court to be slow to draw an inference
strangers over such land and that a mere period of long user will not give rise to any presumption that such user ... user only, the Court must satisfy itself whether or not the user was founded on actual right, the .guiding principle being dial open user
holding, on the fact found by him, viz. that the long user had not beau peaceable from 1925, that the defendants had not acquired ... character. It was contended on behalf of the Pal defendants that long user was sufficient for a finding of an enjoyment as of right. This
defendants. But the learned trial Court held that on account of long user the mosque had become a wakf property along with its 'hujra ... holding that the mosque had become wakf property on account of long user or even on the admission of the first appellant himself
same reason, he came to the conclusion that Wakf by long user cannot be inferred. He held that the property was transferred by the Government ... Kabrastan since the year 1874 makes this land a Wakf by long user and I n fact, there is no evidence on record to establish
that the exercise was as of right can be inferred from long user. In Philips v. Halliday L.R. (1891) A.C. 228, Lord Harschell ... valid title.
Every presumption is made in favour of long user ; and not only ought the Court to be slow to draw an inference
disentitling the Petitioner to any injunctive
relieve. The Petitioner relies upon long user, common law remedy of passing off as well as
infringement action.
Before ... that it
gives rights to a subsequent user when its user is prior to the user of the proprietor and
prior to the date
case about the
plaintiffs commencement of the business long ago. The plaintiffs' case of long
user of the logo or caption was specifically denied ... provide proof to attest and buttress their
claim that they were long users since 1978, which they had not done till that
date. Further
