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Results of easement

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Showing : 121-130 of 244 Results

SUPREME COURT OF INDIA

Year of decision: 2006
Details

Easements Act, 1882, Section 13, 41 -- Easement of Grant - It is matter of contract between parties - Parties are governed by terms of grant and not anything else - Grant may be express or by necessary implication - It cannot become easement of necessity u/s 13, even though it may be an absolute necessity for the person in favour grant is made...........

SUPREME COURT OF INDIA

Year of decision: 2006
Details

Easements Act, 1882, Section 13, 41 -- Easement - Acquired by grant, or of Necessity - Distinction - Easement aquired by grant - Matter of contract between parties. Parties are governed by terms of grant and not anything else. Grant may be express or by necessary implication. Does not depend upon absolute necessity. May be absolutely necessary for enjoyment of dominant..........

SUPREME COURT OF INDIA

Year of decision: 2006
Details

Easements Act, 1882, Section 13, 41 -- Easement acquired by grant - Partition deed - Shares allotted to various co-sharers - Access provided to the backyard of one co-sharer house -Right of way provided to the backyard by contractual agreement - Cannot be extinguished merely because that co-sharer has other alternative way...........

MADHYA PRADESH HIGH COURT

Year of decision: 2006
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2, Easement Act, 1882, Section 15 -- Temporary injunction - Light and air - Easementary right - Windows, ventilators and skylighters in existence towards eastern side of building of plaintiff where defendant raising construction without leaving any space for light and air - Prima facie case made out - Entitlement to relief u/s..........

SUPREME COURT OF INDIA

Year of decision: 2005
Details

Specific Relief Act, 1963, Section 39, Easement Act, 1882, Section 60(b) -- Licence - Revocation - Suit for mandatory injunction - Immediately after termination or revocation of licence, a licensee does not become a trespasser - Suit for mandatory injunction is maintainable if suit is filed within a reasonable time - In case suit is not filed with promptitude then in that..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2005
Details

Easement Act, 1882, Section 52 -- Death of licensee - Licence is not heritable after the death of licensee...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2005
Details

Easement Act, 1882, Section 52 -- Licence - Death of licensee - Widow thereafter allowed to continue in possession - Widow does not inherit the status as a licensee - However, permitting widow to continue in possession give rise to presumption that she acquired the status of a licensee and is continuing in possession as such...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2005
Details

Easement Act, 1882, Section 52 -- Licence - For creation of licence, it is not necessary to record it in writing - Grant of licence can be expressed and can also be implied from the conduct of the grantor...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2005
Details

Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52, Specific Relief Act, 1963, Section 39 -- Licence - Termination - Suit for mandatory injunction is maintainable after termination of licence by issuing a notice and licensee refusing to hand over vacant possession to the licensor...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2005
Details

Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52, Specific Relief Act, 1963, Section 39 -- Licence - Termination - Suit for mandatory injunction - Licence terminated on 11.7.1991 and suit for mandatory injunction filed on 24.8.1991 - Held, there is no delay in filing suit for mandatory injunction and the same is maintainable - It is only in cases..........

Showing : 121-130 of 244 Results