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Results of easement

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Showing : 31-40 of 243 Results

KERALA HIGH COURT

Year of decision: 2017
Details

Easements Act, 1882, Section 15 -- Permissive user - Right of way - When user is merely permissive, it cannot be said that its use is `as of right' because right of way should be peaceably and openly enjoyed by claimant as an easement and as of right, without interruption for 20 years...........

DELHI HIGH COURT

Year of decision: 2017
Details

Easement Act, 1882, Section 60(b) -- Irrevocable licence - Payment of electricity bills, water bills and house tax bills for suit property, while staying in it, only shows taking care of maintenance and upkeep of property but that does not give any right u/s 60(b) of the Act of irrevocable licence being granted...........

KERALA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 8, Rule 6C -- Exclusion of counter claim - Suit for permanent prohibitory injunction - Counter claim raised by way of easement of way over subject matter of suit - If counter claim raised is proved, it would be relevant for adjudication of relief sought by plaintiff in the suit - Counter claim would not come under the purview of O.8.R.6-C..........

KERALA HIGH COURT

Year of decision: 2017
Details

Easement Act, 1882, Section 15 -- Right of way by prescription - Suit for declaration - Suppression of existence of alternate pathway, is of no consequence, as it is not a case where in a mere equitable relief is claimed - A relief by way of declaration was sought, in which principle that `a person who wants equity must bring equity' has no application at all...........

KERALA HIGH COURT

Year of decision: 2017
Details

Easement Act, 1882, Section 60 -- Licence may be revoked by grantor unless (i) it is coupled with a transfer of property and such transfer is in force and; (ii) licensee acting upon the licence has executed a work of a permanent character and incurred expenses in execution...........

KERALA HIGH COURT

Year of decision: 2017
Details

Easement Act, 1882, Section 60 -- Irrevocable licence - When a licence becomes irrevocable u/s 60 of the Act, it cannot be said that there can be deemed revocation on any of grounds mentioned u/s 62 of the Act...........

KERALA HIGH COURT

Year of decision: 2017
Details

Easement Act, 1882, Section 62, 60 -- Licence - Deemed revocation - Grounds for deemed revocation of licence contained in S.62 of the Act are subject to provisions of S.60 of the Act...........

KERALA HIGH COURT

Year of decision: 2017
Details

Easement Act, 1882, Section 52 -- Licence - If an agreement is entered into between parties thereby creating a licence and conditions contrary to provisions of Easement Act are incorporated therein, those conditions can only be treated as contracting out and nothing more...........

KERALA HIGH COURT

Year of decision: 2017
Details

Easement Act, 1882, Section 60(b) -- Licence - Benefit of provision of S.60(b) of the Act - Suit for perpetual injunction - Licence granted by defendant to plaintiff with specific objectives like construction of community hall etc. - It cannot be said that plaintiff has discretion in establishing the objectives contained in licence - Since plaintiff failed to comply with..........

MADRAS HIGH COURT

Year of decision: 2017
Details

Easements Act, 1882, Section 15 -- Easement - Right of way - Plaintiffs never enjoyed right of way through defendants land - Even plaintiffs failed to establish that cart-track was passing through stretch of land of defendant as alleged in plaint and plan sketch - There is no necessity for plaintiff to pass through defendants land as they have alternate cart-track to reach..........

Showing : 31-40 of 243 Results