Showing : 11-20 of 39 Results

KERALA HIGH COURT
Year of decision: 2011
Details
Easements Act, 1882, Section 13,15-- Easement - Prescriptive right of easement and easement of necessity - Both are contrary and inconsistent to each other and cannot co-exist...........
KERALA HIGH COURT
Year of decision: 2011
Details
Easements Act, 1882, Section 13-- Easement of necessity - Specific pleadings containing ingredients of easement of necessity is absolute necessity...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Withdrawal of suit at the stage of second appeal - Plaintiff lost in both the Courts below - Plaintiff filed suit for permanent injunction to restrain defendant from interfering in his possession, and for mandatory injunction directing defendant to open access to suit land from adjoining..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Easement Act, 1882, Section 13-- Easement of necessity - Easement right in respect of the pathway - If there exists any other way, there can be no easement of necessity...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Easement Act, 1882, Section 13-- Easement of grant - An easement of grant is a matter of contract between the parties - It may be either express or even by necessary implication - Easement of necessity comes to an end with the termination of necessity - Easement acquired by grant cannot be extinguished...........
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..........
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 can claim it..........
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..........
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..........
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...........

Showing : 11-20 of 39 Results