Bare Act Search Results

Indian Easements Act, 1882 Section 47

Title: Extinction by Non-enjoyment

State: Central

Year: 1882

.....or that a right accessory thereto was enjoyed, or that dominant owner was not aware of its existence, or that he enjoyed it in ignorance of his right to do so, does not prevent its extinction under this section. An easement is not extinguished under this section-- (a) where the cessation is in pursuance of a contract between the dominant and servient owners; (b) where the dominant heritage is held in co-ownership, and one of the co-owners enjoys the easement within the said period; or (c) where the easement is a necessary easement. Where several heritages are respectively subject to rights of way for the benefit of a single heritage, and the ways are continuous, such rights shall, for the purposes of this section, be deemed to be a single easement. Illustration A has, as annexed to his house, rights of way from the high road thither over the heritages X and Z and the intervening heritage Y. Before the twenty years expire, A exercises his right of way over X. His rights of way over V and Z are not extinguished. ______________________ 1. See now the Registration Act, 1908 (16 of 1908).

Indian Easements Act, 1882 Section 21

Title: Bar to Use Unconnected with Enjoyment

State: Central

Year: 1882

An easement must not be used of any purpose not connected with the enjoyment of the dominant heritage. Illustrations (a) A, as owner of a farm Y, has a right of way over B's land to Y. Lying beyond Y, A has another farm Z, the beneficial enjoyment of which is not necessary for the beneficial enjoyment of Y. He must not use the easement for the purpose of passing to and from Z. (b) A, as owner of a certain house, has a right of way to and from it. For the purpose of passing to and from the house, the right may be used, not only by A, but by the members of his family, his guests, lodgers, servants, workmen, visitors and customers: for this is a purpose, connected with the enjoyment of the dominant heritage. So, if A lets the house, he may use the right of way for the purpose of collecting the rent and seeing that the house is kept in repair.

Indian Succession Act, 1925 Chapter 12

Title: Of Bequests with Directions as to Application or Enjoyment

State: Central

Year: 1925

.....residence for A, or to purchase an annuity for A or to place A in any business. A choses to receive the legacy in money. He is entitled to do so. Section 139 - Direction that mode of enjoyment of absolute bequest is to be restricted, to secure specified benefit for legatee Where a testator absolutely bequeaths a fund, so as to sever it from his own estate, but directs that the mode of enjoyment of it by the legatee shall be restricted so as to secure a specified benefit for the legatee; if that benefit cannot be obtained for the legatee, the fund belongs to him as if the will had contained no such direction. Illustrations (i) A bequeaths the residue of his property to be divided equally among his daughters, and directs that the shares of the daughters shall be settled upon themselves respectively for life and be paid to their children after their death. All the daughters die unmarried. The representatives of each daughter are entitled to her share of the residue. (ii) A directs his trustees to raise a sum of money for his daughter, and he then directs that they shall invest the fund and pay the income arising from it to her during her life, and divide the principal.....

Indian Easements Act, 1882 Section 24

Title: Right to Do Acts to Secure Enjoyment

State: Central

Year: 1882

.....detriment to the dominant owner, to cause the servient owner as little inconvenience as possible; and the dominant owner must repair, as far as practicable, the damage (if any) caused by the act to the servient heritage. Accessory rights.--Rights to do acts necessary to secure the full enjoyment of an easement are called accessory rights. Illustrations (a) A has an easement to lay pipes in B's land to convey water to A's cistern. A may enter and dig the land in order to mend the pipes, but he must restore the surface to its original state. (b) A has an easement of a drain through B's land. The sewer with which the drain communicates is altered. A may enter upon B's land and after the drain, to adapt it to the new sewer, provided that he does not thereby impose any additional burden on B's land. (c) A as owner of a certain house, has a right of way over B's land. The way is out of repair, or a tree is blown it own and falls across it. A may enter on B's land and repair the way or remove the tree from it. (d) A as owner of a certain field, has a right of way over B's land. B renders the way impassable A may deviate from the way and pass over the adjoining land to B.....

Indian Contract Act, 1872 Section 70

Title: Obligation of Person Enjoying Benefit of Non-gratuitous Act

State: Central

Year: 1872

Where a person lawfully does anything for another person, or delivers anything to him, not intending to do so gratuitously, and such other person enjoys the benefit thereof, the latter is bound to make compensation to the former in respect of, or to restore, the thing so done or delivered.1 Illustrations (a) A, a tradesman, leaves goods at B's house by mistake. B treats the goods as his own. He is bound to pay A for them. (b) A saves B's property from fire. A is not entitled to compensation from B, if the circumstances show that he intended to act gratuitously. _______________________ 1 . As to suits by minors under section 70 in Presidency Small Clause Courts see the Presidency Small Cause Courts Act, 1882 (15 of 1882), section 32.

Indian Easements Act, 1882 Section 23

Title: Right to Alter Mode of Enjoyment

State: Central

Year: 1882

Subject to the provisions of section 22, the dominant owner may, from time to time, alter the mode and place of enjoying the easement, provided that he does not thereby impose any additional burden on the servient heritage. Exception.--The dominant owner of a right of way cannot vary his line of passage at pleasure, even though he does not thereby impose any additional burden on the servient heritage. Illustrations (a) A, the owner of a sawmill, has a right to a flow of water sufficient to work the mill. He may convert the sawmill into a corn-mill: provided that it can he worked by the same amount of water. (b) A has a right to discharge on B's land the rain-water from the eaves of A's house. This clues not entitle A to advance his eaves if, by so doing, he imposes a greater burden on B's land. (c) A as the owner of a paper-mill, acquires a right to pollute a stream by procuring in the refuse-liquor produced by making in the mill paper from rags. He may pollute the stream by pouring in similar liquor produced by making in the mill paper by a new process from bamboos, provided that he does not substantially increase the amount, or injuriously change the nature, of the.....

Indian Easements Act, 1882 Section 32

Title: Right to Enjoyment Without Disturbance

State: Central

Year: 1882

The owner or occupier of the dominant heritage is entitled to enjoy the easement without disturbance by any other person. Illustration A, as owner of a house has a right of way over B's land. C unlawfully enters on B's land and obstructs A in his right of way. A may sue C for compensation, not for the entry, but for the obstruction.

Competition Act, 2002 Section 28

Title: Division of Enterprise Enjoying Dominant Position

State: Central

Year: 2002

..... (3) Notwithstanding anything contained in any other law for the time being in force or in any contract or in any memorandum or articles of association, an officer of a company who ceases to hold office as such in consequence of the division of an enterprise shall not be entitled to claim any compensation for such cesser.] ___________________________________ 1. Substituted by the Competition (Amendment) Act, 2007 [Act No. 39 of 2007] for the words, brackets, letter and figures "Central Government, on recommendation under clause (f) of section 27" 2. Omitted by the Competition (Amendment) Act, 2007 [Act No. 39 of 2007]. Prior to omission it read as: "(d) the payment of compensation to any person who suffered any loss due to dominant position of such enterprise;" 3. Effective date :20th May 2009- notified vide Ministry of Corporate Affairs Notification No S.O.1241(E) dated 15.05.2009.

Indian Succession Act, 1925 Section 139

Title: Direction That Mode of Enjoyment of Absolute Bequest is to Be Restricted, to Secure Specified Benefit for Legatee

State: Central

Year: 1925

Where a testator absolutely bequeaths a fund, so as to sever it from his own estate, but directs that the mode of enjoyment of it by the legatee shall be restricted so as to secure a specified benefit for the legatee; if that benefit cannot be obtained for the legatee, the fund belongs to him as if the will had contained no such direction. Illustrations (i) A bequeaths the residue of his property to be divided equally among his daughters, and directs that the shares of the daughters shall be settled upon themselves respectively for life and be paid to their children after their death. All the daughters die unmarried. The representatives of each daughter are entitled to her share of the residue. (ii) A directs his trustees to raise a sum of money for his daughter, and he then directs that they shall invest the fund and pay the income arising from it to her during her life, and divide the principal among her children after her death. The daughter dies without having ever had a child. Her representatives are entitled to the fund.

The Easements Act, 1882 Complete Act

State: Central

Year: 1882

.....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 owners. SECTION 08: WHO MAY IMPOSE EASEMENTS An easement may be imposed by any one in the circumstances, and to the extent, in and to which he may transfer his interest in the heritage on which the liability is to be imposed. SECTION 09: SERVIENT OWNERS Subject to the provisions of section 8-, a servient owner may impose on the servient heritage any easement that does not lessen the utility of the existing easement. But he cannot, without the consent of the dominant owner, impose an easement on the servient heritage which would lessen such utility. SECTION 10: LESSOR AND MORTGAGOR Subject to the provisions of section 8, a lessor may impose, on the property leased, any easement that does not derogate from the rights of the lessee as such, and a mortgagor may impose, on the property mortgaged, any easement that does not render the security insufficient. But a lessor or mortgagor cannot, without the consent of the lessee or mortgagee,.....