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Results of easement

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Showing : 51-60 of 243 Results

HYDERABAD HIGH COURT

Year of decision: 2016
Details

Registration Act, 1908, Section 17 -- Unregistered document discloses an easement by way of passage and creates some interest - Admissibility - No title or ownership over passage is created under the said document - Only irrevocable permission was accorded under it to use the existing passage by granting licence - Document does not require registration - Court to admit the..........

KERALA HIGH COURT

Year of decision: 2015
Details

Easements Act, 1882, Section 52 -- Licence - Meaning - Grant of permission by person to other, a right to do or continue to do, in or upon, the immovable property of the grantor, something which would, in absence of such right be unlawful - But such right does not amount to an easement or any interest in property - Grant of licence may be express or implied, which can be..........

KERALA HIGH COURT

Year of decision: 2015
Details

Easement Act, 1882, Section 7, 4 -- Right to view or prospect to one's building - Not a natural right and can never be acquired as an easement for primary reason that such a right does not fit in definition of easement u/s 4 of the Act - Even same cannot be recognized as legal right enforceable by Court of law...........

KERALA HIGH COURT

Year of decision: 2015
Details

Easement Act, 1882, Section 7 -- Natural right - Rights enumerated in S.7 of Act are claimable only in respect of immovable properties in its natural situation - All these rights cannot be extended to man made constructions...........

ALLAHABAD HIGH COURT

Year of decision: 2015
Details

Easement Act, 1882, Section 52, Court Fees Act, 1870, Section 7(v) -- Licence - Termination - Suit for mandatory injunction for possession - Suit is maintainable if filed within a reasonable time of termination of licence and if suit is not filed within a reasonable time and is filed with unnecessary delay then suit for possession has to be filed and court fees payable..........

ALLAHABAD HIGH COURT

Year of decision: 2015
Details

Easement Act, 1882, Section 59 -- License - Not binding on grantor's transferee - Where licensor transfers property to third party/plaintiff, license granted in favour of licensee/defendant with regard to that property, ceases to exist and there is no relationship of licensor and licensee between plaintiff and defendant as grantor's transferee is not bound by license...........

ALLAHABAD HIGH COURT

Year of decision: 2015
Details

Court Fees Act, 1870, Section 7(v), Easement Act, 1882, Section 59 -- Ad valorem Court fees - License - Suit for mandatory injunction by grantor's transferee - Since the suit has not been filed by licensor but by subsequent purchaser, who is not bound by terms of license in view of S.59 of Easement Act, it was a simple suit for possession and Court fees becomes payable u/s..........

CALCUTTA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for declaration claiming right by way of easement - Dispute as to existence of passage in question - Record regarding said passage silent - Appointment of survey Commissioner is thus necessary for ascertainment of existence of said passage - Order for appointment of Commissioner, passed by trial..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2014
Details

Specific Relief Act, 1963, Section 37, 38, Easement Act, 1882, Section 13 -- Restraining defendants from blocking `Pahi' - Existence of `Pahi' duly proved - `Pahi' the only source of ingress and egress to the land of plaintiff - `Pahi' left at the time of purchase of land which is used by plaintiff as easement of necessity - No other `Pahi' attaching the land of plaintiff..........

BOMBAY HIGH COURT

Year of decision: 2014
Details

Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease and licence - Determination - Lease or licence has to be ascertained from the substance of agreement and not from the form...........

Showing : 51-60 of 243 Results