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Home Bare Acts Phrase: apparent servitude Page 1 of about 470 results (0.009 seconds)Indian Easements Act, 1882 Section 5
Title: Continuous and Discontinuous, Apparent and Non-apparent Easements
State: Central
Year: 1882
Easements are either continuous or discontinuous, apparent or non-apparent. A continuous easement is one whose enjoyment is, or may be, continual without the act of man. A discontinuous easement is one that needs the act of man for its enjoyment. An apparent easement is one the existence of which is shown by some permanent sign which, upon careful inspection by a competent person, would be visible to him. A non-apparent easement is one that has no such sign. Illustrations (a) A right annexed to B 's house to receive light by the windows without obstruction by his neighbour A. This is a continuous casement. (b) A right of way annexed to A's house over B's land. This is a discontinuous easement. (c) Rights annexed to, A's land to lead water thither across B's land by an aqueduct and to draw off water thence by a drain. The drain would be discovered upon careful inspection by a person conversant with such matters. These are apparent easements. (d) A right annexed to A's house to prevent B from building on his own land. This is a non-apparent easement.
View Complete Act List Judgments citing this sectionNegotiable Instruments Act, 1881 Section 89
Title: Payment of Instrument on Which Alteration is Not Apparent
State: Central
Year: 1881
.....of such electronic image and the truncated cheque sh all be a material alteration and it sh all be the duty of the bank or the clearing house, as the case may be, to ensure the exactness of the apparent tenor of electronic image of the truncated cheque while truncating and transmitting the image. ( 3 ) Any bank or a clearing house which receives a transmitted electronic image of a truncated cheque, sh all verify from the party who transmitted the image to it, that the image so transmitted to it and received by it, is exactly the same.] _____________________ 1. Section 89 renumbered as sub-section ( 1) thereof by Act 55 of 2002, sec. 5 (w .e.f. 6- 2- 2003). 2. Inserted by Act 55 of 2002, sec. 5 (w .e.f. 6- 2- 2003).
View Complete Act List Judgments citing this sectionBombay Police Act, 1951, (Maharashtra) Section 160
Title: No Public Servant Liable as Aforesaid for Giving Effect in Good Faith to Any Rule, Order or Direction Issued with Apparent Authority
State: Maharashtra
Year: 1951
No public servant or person duly appointed or authorised shall be liable to any penalty or to payment of any damages for giving effect in good faith to any such order or direction issued with apparent authority by the State Government or by a person empowered in that behalf under this Act or any rule, order or direction made or given thereunder.
View Complete Act List Judgments citing this sectionThe Indian Penal Code 1860 Complete Act
State: Central
Year: 1860
.....1908, `India', means the territory of India excluding the State of Jammu and Kashmir. Under s. 2(e) of the Monopolies and Restrictive Trade Practices Act, 1969, `India' means for the purposes of this Act the territories to which this Act extends (i.e., whole of India except the State of Jammu and Kashmir). According to s. 2(27) of Customs Act, 1962, `India' includes the territorial waters of India. SECTION 19: "JUDGE" The word "judge" denotes not only every person who is officially designated as a Judge, but also every person, who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgement or a judgement which, if not appealed against, would be definitive, or a judgement which, if confirmed by some other authority, would be definitive, or who is one of a body of persons, which body of persons is empowered by law to give such a judgement. Illustrations (a) A Collector exercising jurisdiction in a suit under Act 10 of 1859, is a Judge. (b) A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment, with or without appeal, is a Judge. (c) A member of a Panchayat which has power.....
List Judgments citing this sectionIndian Penal Code (45 of 1860) Chapter 11
Title: Of False Evidence and Offences Against Public Justice
State: Central
Year: 1860
.....by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, section 3 and Schedule to read as above. 4. The words "or under the Fugitive Offenders Act, 1881," omitted by Act 3 of 1951, section 3 and Schedule. Section 216A - Penalty for harbouring robbers or dacoits 1[Penalty for harbouring robbers or dacoits Whoever, knowing or having reason to believe that any persons are about to commit or have recently committed robbery or dacoity, harbours them or any of them, with the intention of facilitating the commission of such robbery or dacoity or of screening them or any of them from punishment, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine. Explanation.--For the purposes of this section it is immaterial whether the robbery or dacoity is intended to be committed, or has been committed, within or without2[India]. Exception.--This provision does not extend to the case in which the harbour is by the husband or wife of the offender.] _______________________ 1. Inserted by Act 3 of 1894, section 8. 2. The words "British India" have successively been substituted by the A.O. 1948, the A.O. 1950 and.....
View Complete Act List Judgments citing this sectionPrisoners Act, 1900 Complete Act
State: Central
Year: 1900
.....state merged in the State of Bombay (now split up into the States ofMaharashtraandGujarat)byBorn.Act4of 1950 and the old Madhya Pradesh by Madh. Pra Actl2ofl950. This Act, as was in force in the pre-reorganised State of Bombay (excluding the transferred territories), is extended to the Hyderabad and Saurashtra areas of the State of Bombay by "Born. Act 15 of 1959, Section 2 and part Vl-A inserted by C. P. and BerarAct 4 of 1939 is repealed in its application to the Vidarbha region of the State by Born. Act 23 of 1959, Section 5(ii) (1- 6-1959). The Act as was in force in Mahakoshal region has been extended to all the other regions of the State of Madhya PraJesh by M. P. Act 23 of 1955, Section 3( I ). The Act, as extends to the State of Madras, is extended to the merged States of Pudukottai. BanganapalleadSandurbyMadrasAct35of 1949, Section 3 (with effect from 1-1-1950); and to the Kanyakumari district and the Shencottah taluk of the Tirunelveli district by Madras Act 22 of 1957, Section 3 (18-12-1957). This Act as amended from time to time and in force in Punjab is extended to the territories which were comprised in the State of Pepsu by Punj.Act 5 of 1957, Section 4(1).....
List Judgments citing this sectionIncome Tax Act, 1961 Complete Act
State: Central
Year: 1961
INCOME TAX ACT, 1961 INCOME TAX ACT, 1961 43 of 1961 [AS AMENDED BY FINANCE ACT, 2003] An Act to consolidate and amend the law relating to income-tax and super-tax BE it enacted by Parliament in the Twelfth Year of the Republic of India as follows : CHAPTER 1 PRELIMINARY Section 1 Short title, extent and commencement (1) This Act may be called the Income-tax Act, 1961. (2) It extends to the whole of India. (3) Save as otherwise provided in this Act, it shall come into force on the 1st day of April, 1962. Section 2 Definitions 1 Inserted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989.[(1) "advance tax" means the advance tax payable in accordance with the provisions of Chapter XVII-C;] 2 Renumbered as clause (1A) by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989.[(1A)] 3 For manner of computation of income which is partially agricultural and partially frombusiness, see rules 7, 7A, 7B and 8. For analysis, see Mashbra's Income-tax Rules."agricultural income" means - 4 Substituted by the Taxation Laws (Amendment) Act, 1970, w.r.e.f. 1-4-1962.[(a) any rent or revenue derived from land which is situated in India and is used for.....
List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 222
Title: Intentional Omission to Apprehend on the Part of Public Servant Bound to Apprehend Person Under Sentence or Lawfully Committed
State: Central
Year: 1860
.....either description for a term which may extend to three years, or with fine, or with both, if the person in confinement, or who ought to have been apprehended is subject, by a sentence of a Court of Justice, to imprisonment for a term not exceeding to ten years 7 [or if the person was lawfully committed to custody]. ______________________ 1. Inserted by Act 27 of 1870, section 8. 2. Substituted by Act 26 of 1955, section 117 and Schedule, for "transportation for life" (w.e.f. 1-1-1956). 3. The words "or penal servitude for life" omitted by Act 17 of 1949, section 2 (w.e.f. 6-4-1949). 4. The words "or to" omitted by Act 36 of 1957, section 3 and Schedule II (w.e.f. 17-9-1957). 5. The word "transportation" omitted by Act 26 of 1955, section 117 and Schedule (w.e.f. 1-1-1956). 6. The words "or penal servitude" omitted by Act 17 of 1949, section 2 (w.e.f. 6-4-1949). 7. Inserted by Act 27 of 1870, section 8.
View Complete Act List Judgments citing this sectionThe Easements Act, 1882 Complete Act
State: Central
Year: 1882
.....appears, be deemed to pass the easement to the person in whose favour the transfer or devolution takes place. SECTION 20: RULES CONTROLLED BY CONTRACT OR TITLE The rules contained in this Chapter are controlled by any contract between the dominant and servient owners relating to the servient heritage, and by the provisions of the instrument or decree, if any, by which the easement referred to was imposed. Incidents of customary easements and when any incident of any customary easement is inconsistent with such rules, nothing in this Chapter shall affect such incident. SECTION 21: BAR TO USE UNCONNECTED WITH ENJOYMENT An easement must not be used for any purpose not connected with the enjoyment of the dominant heritage. SECTION 22: EXERCISE OF EASEMENT -- CONFINEMENT OF EXERCISE OF Easement The dominant owner must exercise his right in the mode which is least onerous to the servient owner; and when the exercise of an easement can without detriment to the dominant owner be confined to a determinate part of the servient heritage, such exercise shall, at the request of the servient owner, be so confined. SECTION 23: RIGHT TO ALTER MODE OF ENJOYMENT Subject to the provisions of.....
List Judgments citing this sectionIndian Easements Act, 1882 Chapter 1
Title: Of Easements Generally
State: Central
Year: 1882
.....The right of every owner of upper land that water naturally rising in or falling on such land, and not passing in defined channels, shall be allowed by the owner of adjacent lower land to run naturally thereto. (j) The right of every owner of land abutting on a natural stream, lake or pond to use and consume its water for drinking, household purposes and watering his cattle and sheep and the right of every such owner to use and consume the water for irrigating such land, and for the purposes of any manufactory situate thereon, provided that he does not thereby cause material injury to other like owner. Explanation.--A natural stream is a stream, whether permanent or intermittent, tide or tideless, on the surface of land or underground, which flows by the operation of nature only and in a natural and known course.
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