Bare Act Search Results

Indian Easements Act, 1882 Chapter 5

Title: The Extinction, Suspension and Revival of Easements

State: Central

Year: 1882

.....to B, and lawfully imposes an easement on the land in favour of C in accordance with the provisions of section 10. The land is sold to D in satisfaction of the mortgage-debt. The easement is not thereby extinguished. Section 38 - Extinction by release An easement is extinguished when the dominant owner releases it, expressly or impliedly, to the servient owner. Such release can be made only in the circumstances and to the extent in and to which the dominant owner can alienate the dominant heritage. An easement may be released as to part only of the servient heritage. Explanation I.--An easement is impliedly released-- (a) where the dominant owner expressly authorises an act of a permanent nature to be done on the servient heritage, the necessary consequence of which is to prevent his future enjoyment of the easement, and such act is done in pursuance of such authority; (b) where any permanent alteration is made in the dominant heritage of such a nature as to show that the dominant owner intended to cease to enjoy the easement in future. Explanation II.--Mere non-user of an easement is not an implied release within the meaning of this section. Illustrations .....

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).

Karnataka Land Revenue Act, 1964 Section 68

Title: Extinction of Rights of Public and Individuals in or over Any Public Road, Street, Lane or Path Not Required for Use of Public

State: Karnataka

Year: 1964

.....proposed extinction of the rights of the public as well as of persons as aforesaid. The provisions of sections 9, 10 and 11 of the Land Acquisition Act, 1894 (Central Act I of 1894) shall, so far as may be, apply to the proceedings held by the Deputy Commissioner under this sub-section. (4) The Deputy Commissioner shall submit to the State Government therecord of the proceedings held by him with the report, containing his recommendations on the objections, if any, received by him stating the amount of compensation, if any, which, in his opinion, are payable to any person. (5) If the State Government is satisfied after considering the record ofthe proceedings and the report, if any, made under sub-section (4) that the public road, street, lane or path, or part thereof, specified in the notification under sub-section (1) is not required for the use of the public, a declaration shall be published in the official Gazette that all rights of the public as well as of all persons in or over such road, street, lane, or path, or part thereof, are extinguished; and all such rights shall thereupon be extinguished, and such road, street, lane or path, or part thereof, shall be at the.....

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,.....

Indian Easements Act, 1882 Complete Act

Title: Indian Easements Act, 1882

State: Central

Year: 1882

.....which cannot be acquired by prescription Section18 - Customary easements Section19 - Transfer of dominant heritage passes easement Chapter 3 Section20 - Rules controlled by contract or title Section21 - Bar to use unconnected with enjoyment Section22 - Exercise of easement. Confinement of exercise of easement Section23 - Right to alter mode of enjoyment Section24 - Right to do acts to secure enjoyment Section25 - Liability for expenses necessary for preservation of easements Section26 - Liability for damage from want of repair Section27 - Servient owner not bound to do anything Section28 - Extent of easements Section29 - Increase of easement Section30 - Partition of dominant heritage Section31 - Obstruction in case of excessive user Chapter 4 Section32 - Right to enjoyment without disturbance Section33 - Suit for disturbance of easement Section34 - When cause of action arises for removal of support Section35 - Injunction to restrain disturbance Section36 - Abatement of obstruction of easement Chapter 5 Section37 - Extinction by dissolution of right of servient owner Section38 - Extinction by release Section39 - Extinction by revocation Section40 -.....

Delhi Land Reforms Act, 1954 Complete Act

State: Delhi

Year: 1954

.....the period allowed the Asami pays to the applicant or deposits in the Court the' amount mentioned in the notice, the Court shall enter full satisfaction and dismiss the application and the amount deposited shall be paid to the applicant. Section97 Order for payment on failure to comply with the notice under Section 96 (1) If the Asami, who has been duly served under Section 96, fails to pay or deposit the said amount in the Court and also does not file any objection, the Tahsildar shall make any order for the payment of the amount and in default for the ejectment of the Asami from the holding. (2) If the Asami appears and contests the claim the application shall be treated as a suit and, if necessary, the Court shall order the applicant to pay any additional court-fee payable according to the law relating to suit for arrears of rent or ejectment. (3) If the applicant fails to pay the court-fee within the time so allowed, the application shall be rejected. (4) If the court-fee has been duly paid, the Court shall, where the Asami pleads that the applicant is not the land-holder or that he himself is the Bhumidhar of the holding or any part thereof, transfer the.....

The Haryana Municipal Corporation Act, 1994 Complete Act

State: Haryana

Year: 1994

.....than owner. 202. Sewage and rain water drains to be distinct. 203. Power of Commissioner to require owner to carry out certain works for satisfactory drainage. 204. Appointment of places for the emptying of drain and disposal of sewage. 205. Connection with water works and drains not ot be made without permission. 206. Buildings railways and private streets not to be erected or constructed over drains or water works without permission. 207. Right of user of property for aqueducts, lines etc. 208. Power of owner of premises to place pipes and drains through land belonging to other persons. 209. Railway administration be informed in certain cases. 210. Power of Commissioner to execute work after giving notice to person liable to do so. 211. Power of Commissioner to affix shafts etc. for ventilation of crain or cesspool. 212. Power of Commissioner to examine and test drain etc. believed to be defective. 213. Employment of Government agencies for repair etc. 214. Work to be done by license plumber. 215. Prohibition of certain acts. CHAPTER "XIII Streets 216. Vesting of Public streets in Corporation. 217. Functions of Commissioner in respect of.....

The Maharashtra Land Revenue Code 1966 Complete Act

State: Maharashtra

Year: 1966

.....are likely to benefit the land during the period of ten years next following the year in which such determination is made; (iv) such other factors as may be prescribed. (3C) Where there are persons claiming encumbrances on the land, the Collector shall apportion the amount determined under sub-section (3B) amongst the non-Tribal and the persons claiming such encumbrances, in the following manner, that is to say (i) if the total value of encumbrances of the land is less than the amount determined under sub-section (3B), the value of encumbrances shall be paid to the holders thereof in full; (ii) if the total value of encumbrances of the land exceeds the amount determined under subsection (3B), the amount shall be distributed amongst the holders of encumbrances in the order of priority: Provided that, nothing in this sub-section shall affect the right of holder of any encumbrances to proceed to enforce against the non-Tribal his right in any other manner or under any other law for the time being in force. (3D) The land vested in the State Government under sub-section (3A) shall, subject to any general or special orders of the State Government in that behalf, be granted by.....

The Coimbatore City Municipal Corporation Act, 1981 Complete Act

State: Tamil Nadu

Year: 1981

.....any farm, cattle shed, milk-store, milk-shop or other place from which milk is sold or supplied for sale, or in which milk is kept for sale or manufactured for sale into butter, ghee, cheese, cream, curd, butter-milk or dried, sterilized or condensed milk; and (b) in relation to a diary man who does not occupy any premises for the sale of milk, any place in which he keeps the vessels, used by him for the storage or sale of milk but does not include " (i) a shop or place in which milk is sold for consumption on the premises only: or (ii) a shop or place from which milk is sold or supplied for sale in airtight and hermetically sealed and unopened receptacles in the same original condition in which it was first received in such shop or place; (14) "dairy man" includes any occupier of a dairy, any cow-keeper who trades in milk or any seller of milk whether wholesale, or by retail; (15) "dairy produce" includes milk, butter, ghee, cheese, cream, curd, butter-milk and any and every product of milk; (16) "date of commencement of this Act" means the date appointed under sub section (3) of section 1 : (17) "filth" means " (a) nightsoil and other contents of latrines,.....

The Madurai City Municipal Corporation Act, 1971(Tamil Nadu Act Xv of 1971) Complete Act

State: Tamil Nadu

Year: 1971

.....or other place from which milk is sold or supplied for sale, or in which milk is sold or supplied for sale, or in which milk is kept for sale or manufactured for sale into butter, ghee, cheese, cream, curd butter-milk or dried, sterilized or condensed milk; and (b) in relation to a dairy man who does not occupy any premises for the sale of milk, any place in which he keeps the vessels used by him for the storage of sale of milk but does not include " (i) a shop or place in which milk is sold for consumption on the premises only; or (ii) a shop or place from which milk is sold or supplied for sale in airtight and hermetically sealed and unopened receptacles in the same original condition in which it was first received in such shop or place; (13) "Dairy man" includes any occupier of a dairy, any cow-keeper who trades in milk or any seller of milk whether wholesale, or by retail; (14) "Dairy Produce" includes milk, butter, ghee, cheese, cream, curd, butter-milk and any and every product of milk; (15) "Date of commencement of this Act" means the first day of May, 1971; (16) "Filth" means " (a) might soil and other contents of latrines, cesspools and drains; (b) dung and refuse or.....