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Showing posts with label easement act. Show all posts
Showing posts with label easement act. Show all posts
Saturday, 11 March 2017

How to prove right of way by easement of prescription?

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A careful perusal of the plaint would show that the plaintiffs have failed to plead that since what date to which date plaintiffs are u...
Saturday, 14 May 2016

What is term “entitled to defend” and its connection with principles of natural justice?

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At this juncture, it is necessary to state that in Udit Narain (Supra) question arose whether a tribunal is a necessary party. Recently...
Monday, 23 March 2015

Whether sanction of building plan by municipal authority is in supersession of easementary rights?

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While concluding, I would like to dispose of one more point: whether sanction of a building plan by a municipal authority is in supersess...
Saturday, 10 March 2012

Indication for definite course of Channel for flow of rain water or sewage water

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Before the right to the use of water can be the subject of an easement by prescription or grant, it must be water flowing through a defined ...

Dominant owner cannot impose an additional burden on servient heritage

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Section 23 of Indian Easement act provides that dominant owner may from time to time, alter the mode and place of enjoying the easement ...
Tuesday, 6 March 2012

Right To discharge night soil burden of proof is on defendant to prove that he has right to discharge ngith soil

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  Calcutta High Court Jotindra Mohan Mitter vs Probodh Kumar Dutt on 8 May, 1931 Equivalent citations: AIR 1932 Cal 249 Author: Rankin JUDGM...

Right To Flow Of Rain water Would not include Flow of water of all kinds.

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A grant of flow of water did not authorise the discharge of a sewage effluent.  Calcutta High Court Raman Chandra Das Dalal vs Bhola Nath ...