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Results of easement

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Showing : 131-140 of 244 Results

ANDHRA PRADESH HIGH COURT

Year of decision: 2005
Details

Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease or licence - Depends on the recitals in the document, irrespective of title of the document - Document is to be read as a whole - If an interest in the immovable property entitling the transferee to enjoyment is created, it is a lease, if permission to use land without right to exclusive..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2005
Details

Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease or licence - Permission given to exhibit films in the theatre without interest in cinema theatre - Held, it amounts to licence and not lease though document is titled as lease...........

CALCUTTA HIGH COURT

Year of decision: 2005
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2, Easement Act, 1882, Section 60 -- Tenancy right - Construction of - Refusal to use irrevocable licence - Validity of - Plaintiff was tenant of first floor of premises - Permitted to use roof top and garden but not as part of her tenancy right - Intention of parties was never to create irrevocable licence in favour of..........

KARNATAKA HIGH COURT

Year of decision: 2005
Details

Easement Act, 1882, Section 13, 28, 41 -- Easement of necessity - Right of way - Easement of necessity is one without which property cannot be used at all - Test to determine easement of necessity is not convenience but absolute necessity - Easement is co-extenisve with necessity as it existed when easement was imposed - Easement of necessity is extinguished when necessity..........

SUPREME COURT OF INDIA

Year of decision: 2005
Details

Land Acquisition Act, 1894, Section 16 -- Acquisition of land - Easement of right of necessity like a right of passage enjoyed by adjoining land owner do not extinguish by reason of acquisition of land by State authority...........

KARNATAKA HIGH COURT

Year of decision: 2004
Details

Easement Act, 1882, Section 52, 59, 62 -- License - When licensee dies, license also dies with him and thereafter his legal representatives hold as mere trespassers - Licensee by enjoying license for any length of time, cannot acquire right adverse to that of licensor - Exclusive possession of licensee does not militate against concept of licence if the circumstances and..........

ALLAHABAD HIGH COURT

Year of decision: 2004
Details

Easement Act, 1882, Section 60 -- Licensee - Eviction order passed - Not invalid - Licence can be terminated at any time...........

BOMBAY HIGH COURT

Year of decision: 2004
Details

Easement Act, 1882, Section 15 -- Easement of way by prescription - Absence of pleading - Oral evidence adduced to prove the easement by prescription to be ignored...........

BOMBAY HIGH COURT

Year of decision: 2004
Details

Easement Act, 1882, Section 13, 15, Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction restraining defendant from causing any obstruction in user of right of way - Agricultural land partitioned between real brothers - In partition deed itself the way granted to them for cultivation of agricultural lands allotted to their shares - Oral evidence in direct..........

SUPREME COURT OF INDIA

Year of decision: 2004
Details

Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease and Licence - Difference - Difference between a `lease' and `licence' is to be determined by finding out the real intention of the parties as decipherable from a complete reading of the document, if any, executed between the parties and the surrounding circumstances - Conduct of the..........

Showing : 131-140 of 244 Results