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Home Bare Acts Phrase: 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 sectionGeneva Conventions Act, 1960 Complete Act
State: Central
Year: 1960
.....power to sentence him to death or to imprisonment for a term of two years or more, shall not proceed with the trial until it is proved to the satisfaction of the Court that a notice containing the particulars mentioned in the next following sub-section, so far as they are known to the prosecutor, has been served not less than three weeks previously on the protecting power (if there is a protecting power) and, if the accused is a protected prisoner of war, on the accused and the prisoners' representative. (2) The particulars referred to in the foregoing sub-section are - (a) the full name and description of the accused, including the date of his birth and his profession or trade, if any, and, if the accused is protected prisoner of war, his rank and arm, regimental, personal or serial number; (b) his place of detention, internment or residence; (c) the offence with which he is charged- and (d) the Court before which the trial is to take place and the time and place appointed for the trial. (3) For the purposes of this section a document purporting - (a) to be signed on behalf of the protecting power or by the prisoners representative or by the person accused, as the case may.....
List Judgments citing this sectionThe 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,.....
List Judgments citing this sectionGeneva Convention Act 1960 Schedule IV
Title: Fourth Schedule
State: Central
Year: 1960
.....appropriate cases, a reasonable time limit, and after such warning has remained unheeded. (IV. Discontinuance of protection of hospitals) The fact that sick or wounded members of the armed forces are nursed in these hospitals, or the presence of small arms and ammunition taken from such combatants which have not yet been handed to the proper service, shall not be considered to be acts harmful to the enemy. Article 20 Persons regularly and solely engaged in the operation and administration of civilian hospitals, including the personnel engaged in the search for, removal and transporting of and caring for wounded and sick civilians, the infirm and maternity cases shall be respected and protected. (V. Hospital staff) In occupied territory and in zones of military operations, the above personnel shall be recognisable by means of an identity card certifying their status, bearing the photograph of the holder and embossed with the stamp of the responsible authority, and also by means of a stamped, water-resistant armlet which they shall wear on the left arm while carrying out their duties. This armlet shall be issued by the State and shall bear the emblem provided for in.....
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