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Home Bare Acts Phrase: flagrant necessityIndian Easements Act, 1882 Section 41
Title: Extinction on Termination of Necessity
State: Central
Year: 1882
An easement of necessity is extinguished when the necessity comes to an end. Illustration A grants B a field inaccessible except by passing over A s adjoining land, B afterwards purchases a part if that land over which he can pass to his field. The right of way over A's land which B had acquired is extinguished.
View Complete Act List Judgments citing this sectionIndian Easements Act, 1882 Section 13
Title: Easements of Necessity and Quasi Easements
State: Central
Year: 1882
.....sale took effect. A is entitled to the light, and B cannot build on the land so as to obstruct such light. (g) A the owner of a house, sells IS a factor)' built on adjoining land, B is entitled, as against A, to pollute the air, when necessary, with smoke and vapours from the factory. (h) A, the owner of two adjoining houses, Y and Z, sells Y to B, and retains Z. B is entitled to the benefit of all gutters and drains common to the two houses and necessary for enjoying Y as it was enjoyed when the sale took effect, and A is entitled to the benefit of all the gutters and drains common to the two houses and necessary for enjoying Z as it was enjoyed when the sale look effect. (i) A, the owner of two adjoining buildings, sells one to B, retaining the other. B is entitled to a right to lateral support from A's building, and A is entitled to a right to lateral support from B's building. (j) A, the owner of two adjoining buildings, sells one to B and the other to C. C is entitled to lateral support from B's building, and B is entitled to lateral support from C's building. (k) A grants lands to ti for the purpose of building a house thereon. B is entitled to such amount of.....
View Complete Act List Judgments citing this sectionIndian Easements Act, 1882 Section 14
Title: Direction of Way of Necessity
State: Central
Year: 1882
When1[a right] to away of necessity is created under section 13, the transferor, the legal representative of the testator, or the owner of the share over which the right is exercised, as the case may be, is entitled to set out the way; but it most be reasonably convenient for the dominant owner. When the person so entitled to set out the way refuses or neglects to do so, the dominant owner may set it out. ______________________ 1.Substituted by Act 12 1891, section 2 and Schedule II for "right".
View Complete Act List Judgments citing this sectionCourt-fees Act, 1870 Section 5
Title: Procedure in Case of Differences as to Necessity or Amount of Fees
State: Central
Year: 1870
When any difference arises between the officer whose duty it is to see that any fee is paid under this Chapter and any suitor or attorney, as to the necessity of paying a fee or the amount thereof, the question shall, when the difference arises in any of the said High Courts, be referred to the taxing-officer, whose decision thereon shall be final, except when the question is, in his opinion, one of general importance, in which case he shall refer it to the final decision of the Chief Justice of such High Court, or of such Judge of the High Court as the Chief Justice shall appoint either generally or specially in this behalf. When any such difference arises in any of the said Courts of Small Causes, the question shall be referred to the Clerk of the Court, whose decision thereon shall be final, except when the question is, in his opinion, one of general importance, in which case he shall refer it to the final decision of the first Judge of such Court. The Chief Justice shall declare who shall be taxing-officer within the meaning of the first paragraph of this section.
View Complete Act List Judgments citing this sectionPrisons Act, 1894 Section 58
Title: Prisoners Not to Be Ironed by Jailer Except Under Necessity
State: Central
Year: 1894
No prisoner shall be put in irons or under mechanical restraint by the Jailer of his own authority, except in case of urgent necessity, in which case notice thereof shall be forthwith given to the Superintendent.
View Complete Act List Judgments citing this sectionKarnataka Prisons Act, 1963 Section 62
Title: Prisoners Not to Be Put in Irons by Jailer Except Under Necessity
State: Karnataka
Year: 1963
(1) No prisoner shall be put in irons or under any mechanical restraint by the Jailer on his own authority, except in cases of urgent necessity. (2) Whenever the Jailer on his own authority puts a prisoner in irons, a report thereof shall forthwith be sent to the Superintendent.
View Complete Act List Judgments citing this sectionBombay Court-fees Act, 1959, (Maharashtra) Section 4
Title: Procedure in Case of Difference as to Necessity or Amount of Fee
State: Maharashtra
Year: 1959
.....by the suitor or attorney or such officer as may be appointed in this behalf by the State Government, by the Chief Justice or by such Judge if the High Court as the Chief Justice shall appoint either generally or specially in this behalf. The Chief Justice shall declare who shall be taxing officer within the meaning of this sub-section. (2) When any such difference arises in the Court of Small Causes of Bombay , the question shall be referred to the clerk of the Court whose decision thereon shall be final, subject to revision, on an application made within 1[thirty days] from the date of the decision by the party concerned or such officer as may be appointed in this behalf by the State Government, by the Chief Judge of the Small Causes Court or by such Judge of the Court as the Chief Judge shall appoint either generally or specially in this behalf. _______________________ 1. These words were substituted for the words "sixty days" by Maharashtra Act 28 of 1970.
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1898 Complete Act
State: Central
Year: 1898
.....as such Magistrate, exercised the powers of an Assistant Sessions Judge, he may be invested with the powers under this section notwithstanding the fact that he has not exercised the powers of Magistrate of the first class for not less than ten years." Act 19 of 1969, Section 3 and Schedule, Item 14 (in Delhi on 2-10-1969). WEST BENGAL In its application to the State of West Bengal, for Section 30, substitute the following, namely: "30. Offences punishment with imprisonment not exceeding seven years.-Notwithstanding any thing contained in Section 28 or Section 29, the State Government may, in consultation with the High Court, invest any Judicial Magistrate of the first class with power to try as a Magistrate all offences not punishable with death or with imprisonment for life or with imprisonment for a term exceeding seven years : Provided that no Judicial Magistrate of the first class has, prior to his appointment as such powers unless he has, for not less than ten years, exercised powers not inferior to those of a Judicial Magistrate of the first class : Provided further that if any Judicial Magistrate of the first class has, prior to his appointment as such Magistrate,.....
List Judgments citing this sectionCantonments Act, 1924 Complete Act
State: Central
Year: 1924
.....any farm, cattle-shed, milk-store, milk-shop or other place from which milk is supplied or in which milk is kept for purposes of sale or is manufactured for sale into butter, ghee, cheese or curds, and, in relation to a dairyman who does not occupy any premises for the sale of milk, includes any place in which he keeps the vessels used by him for the storage or sale of milk; (xi) "dairyman" includes the keeper of a cow, buffalo, goat, ass or other animal, the milk of which is offered or is intended to be offered for sale for human consumption, and any purveyor of milk and any occupier of a dairy; a[(xia) "Defence Estates Officer" means the officer appointed by the Central Government to perform the duties of the Defence Estates Officer for the purposes of this Act and the rules made thereunder; (xib) "Director" means the officer appointed by the Central Government to perform the duties of the Director, Defence Lands and Cantonments, the Command, for the purposes of this Act and rules made thereunder and includes the Joint Director;] a[c[(xic) "entitled consumer" means a person in a cantonment who is paid from the Defence Services Estimates and is authorised by general or.....
List Judgments citing this sectionThe Haryana Municipal Act, 1973 Complete Act
State: Haryana
Year: 1973
.....and "petroleum" have the meanings assigned to those words in the Indian Explosives Act, 1884, and the Petroleum Act, 1934, respectively; (12) "Factory" shall have the meaning assigned to it in the Factories Act, 1948; (Inserted by Haryana Act 3 of 1994) [(12A) "Finance Commission" means the Finance Commission constituted by the Slate Government under articles 2431 and 243Y of the Constitution of India; (Inserted by Haryana Act 5 of 2002) [(12AA) "Fund" means the Haryana Urban Infrastructural Development Fund constituted under section 203L;] (12B) "Slate Government" means the Government of the State of Haryana;] (13) "Infections disease" means cholera, plague, small pox. tuberculosis or such other dangerous disease as the State Government may notify in this behalf; (14) "inhabitant" includes any person ordinarily residing or carrying on business, or owning or occupying immovable property, in any municipality; or in any local area which the State Government has, by notification under this Act, proposed to declare to be a municipality; and in case of any dispute, means any person or persons declared by the Deputy Commissioner to be inhabitant or inhabitants; .....
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