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Results of easement

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Showing : 111-120 of 244 Results

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2008
Details

Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease or licence - Exclusive possession of a party to suit premises is not conclusive as the other tests namely intention of parties and whether the document creates any interest in the property or not are important considerations - In the facts of present case defendant was allowed to run the..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2007
Details

Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease or licence - Use of terms by itself is not sufficient to hold the nature of the right created by the document - An effort should be made to find out whether the deed confers a right to possess exclusively coupled with transfer of a right to enjoy the property or what has been parted with..........

RAJASTHAN HIGH COURT

Year of decision: 2007
Details

Easement Act, 1882, Section 60(b) -- Scope - Unless permanent nature of construction by spending a huge sum is proved benefit of provision cannot be claimed...........

KARNATAKA HIGH COURT

Year of decision: 2006
Details

Easement Act, 1882, Section 7 -- Lateral support from the subsoil of the adjacent owner - Collapse of compound wall of plaintiff due to excavation work by defendant - No malicious intention on part of defendant as excavation done for leveling the land - No further threat to plaintiffs wall - Held, plaintiff is entitled to reconstruct the compound wall without interference..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2006
Details

Easement Act, 1882, Section 13, 15 -- Easement by way of necessity - Plaintiff is required to plead that at some given point of time the two tenements were held by one person and owing to transfer or bequest of one of the tenements it became essential for the enjoyment of one tenement to have an elementary right over the other tenement...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2006
Details

Easement Act, 1882, Section 13, 15 -- Easement by prescription - Plaintiff is required to plead and prove that he had been enjoying the easement as of right for a period of sixty years and that the enjoyment had been continuous and interrupted - Plaintiff is required to show that he has been enjoying the easement within two years next before the institution of the suit...........

BOMBAY HIGH COURT

Year of decision: 2006
Details

Civil Procedure Code, 1908, Order 22, Rule 3, Civil Procedure Code, 1908, Order 1, Rule 9 -- Right of easement - Six plaintiffs - Death of one - L.R's not impleaded - Abatement of suit qua one plaintiff - Suit does not abate qua other plaintiffs as right to sue survives - Right of easement or easement of necessity is an independent and separate right and every individual..........

SUPREME COURT OF INDIA

Year of decision: 2006
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - If a document creating an easement by grant is construed as an `easement of necessity' thereby materially affecting the decision of the case, it gives rise to a substantial question of law...........

SUPREME COURT OF INDIA

Year of decision: 2006
Details

Easement Act, 1882, Section 13 -- Easement of grant and easement of necessity - Distinction - Scope of grant can be determined by terms of the grant between parties - An easement of grant does not get extinguished u/s 41 of the Act...........

SUPREME COURT OF INDIA

Year of decision: 2006
Details

Civil Procedure Code, 1908, Section 100 -- Interpretation of document - Document creating an easement by grant - Construed as an 'easement of necessity' - Materially affected decision of case - Substantial question of law - Open to interference u/s 100 of C.P.C...........

Showing : 111-120 of 244 Results