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Home Bare Acts Phrase: riparianIndian Easements Act, 1882 Chapter 3
Title: The Incidents of Easements
State: Central
Year: 1882
.....of his mill. He cannot thereby increase his right to divert water. (b) A has acquired an easement to pollute a stream by carrying on a manufacture on its banks by which a certain quantity of foul matter is discharged into it. A extends his works and thereby increases the quantity discharged. He is responsible to the lower riparian owners for injury done by such increase. (c) A as the owner of a farm, has a right to lake for the purpose of manuring his farm: leaves which have fallen from the trees on B's land. A buys a field and unites it to his farm. A is not thereby entitled to take leaves to manure this fields. Section 30 - Partition of dominant heritage Where a dominant heritage is divided between two or more persons, the easement becomes annexed to each of the shares, but not so as to increase substantially the burden on the servient heritage: Provided that such annexation is consistent with the terms of the instrument, decree or revenue proceeding (if any) under which the division was made, and in the case of prescriptive rights, with the user during the prescriptive period. Illustrations (a) A house to which a right of way by a particular path is annexed.....
View Complete Act List Judgments citing this sectionThe Kerala Irrigation and Water Conservation Act, 2003 [1] Complete Act
State: Kerala
Year: 2003
.....particulars therein including the nature of crop or crops cultivated or proposed to be cultivated therein is wrong; (d) that there exist any other fact materially affecting the lands included in the statement. (5) The Tahsildar shall consider the objections and , after holding such enquiry as he deems necessary and giving the objector an opportunity of being heard , make an order within three months from the date of receipt of the objections, either rejecting the objections or excluding the land or portion thereof from the statement or making other necessary modifications therein. (6) An order passed under sub-section (5) shall be communicated to the objector in such manner as may be prescribed. (7) Any person aggrieved by an order under sub-section (5) may appeal in such manner as may be prescribed to the Collector within sixty days from the date of receipt of the order and such appeal shall be decided by the Collector within two months from the date of receipt of the appeal and the decision of the Collector thereof shall be final. Explanation.- A land shall be deemed to be capable of being benefited irrespective of the non- enjoyment of the benefit, if such non-.....
List Judgments citing this sectionIndian 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.....
View Complete Act 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.
View Complete Act List Judgments citing this sectionIndian Easements Act, 1882 Section 4
Title: "easement Defined"
State: Central
Year: 1882
.....is called the servient heritage, and the owner or occupier thereof the servient owner. Explanation.-- In the first and second clauses of this section, the expression "land" includes also things permanently attached to the earth; the expression "beneficial enjoyment" includes also possible convenience, remote advantage, and even a mere amenity; and the expression "to do something" includes removal and appropriation by the dominant owner, for the beneficial enjoyment of the dominant heritage, of any part of the soil of the servient heritage, or anything growing or subsisting thereon. Illustrations (a) A, as the owner of a certain house, has a right of way thither over his neighbour B's land for purposes connected with the beneficial enjoyment of the house. This is an easement. (b) A, as the owner of a certain house, has the right to go on his neighbour B's land, and to take water for the purposes of his household, out of a spring therein. This is an easement. (c) A, as the owner of a certain house, has the right to conduct water from B's stream to supply the fountain in the garden attached to the house. This is an easement. (d) A, as the owner of a certain.....
View Complete Act List Judgments citing this sectionIndian Easements Act, 1882 Section 29
Title: Increaseof Easement
State: Central
Year: 1882
.....diminished. Save as aforesaid, no easement is effected by any change in the extent of the dominant or the servient heritage. Illustrations (a) A, the owner of a mill, has acquired a prescriptive right, to divert to his mill part of the water of a stream. A alters the machinery of his mill. He cannot thereby increase his right to divert water. (b) A has acquired an easement to pollute a stream by carrying on a manufacture on its banks by which a certain quantity of foul matter is discharged into it. A extends his works and thereby increases the quantity discharged. He is responsible to the lower riparian owners for injury done by such increase. (c) A as the owner of a farm, has a right to lake for the purpose of manuring his farm: leaves which have fallen from the trees on B's land. A buys a field and unites it to his farm. A is not thereby entitled to take leaves to manure this fields.
View Complete Act List Judgments citing this sectionThe (Bengal) Alluvion & Diluvion Act, 1847 Complete Act
State: Orissa
Year: 1847
.....bears to the mufassal jama of the whole estate; but, if the mufassal jama of the whole estate or of the land lost cannot be ascertained to the satisfaction of the local Revenue authorities, then the said local Revenue authorities shall make a deduction from the sadar jama of the estate equal to so much of the whole sadar jama of the estate as bears to the whole in the same proportion as the land lost bears to the whole estate. And this deduction with the reasons thereof, shall be forthwith reported by the local Revenue-authorities for the information and orders of the Board of Revenue whose orders thereupon shall be final. Section 6 - Assessment of increments to revenue paying estates Whenever on inspection of any such new map it shall appear to the local Revenue authorities that land has been added to any estate paying revenue directly to Government, they shall without delay assess the same with a revenue payable to Government according to the rules in force for assessing alluvial increments, and shall report their proceedings forthwith to the Board of Revenue, whose orders thereupon shall be final. Section 7 - [Omitted] [* * *] Section 8 - [Omitted] [* * *] .....
List Judgments citing this sectionThe Pondicherry Village and Commune Panchayats Act, 1973 Complete Act
State: Pondicherry
Year: 1973
.....hearing, nyaya panchayat to pass decree. 291. Contents of decree. 292. Decree may award interest or order payment by installments. 293. Satisfaction of decree to be recorded. 294. Execution of decree. 295. Appeal. Criminal jurisdiction. 296. Nyaya panchayat to take cognizance of and try certain offences. 297. Certain persons accused to theft not to be tried by the nyaya panchayat. 298. Compounding of offences. 299. Compensation to complainant, etc. 300. Compensation to accused for false or frivolous case. 301. Conviction by a nyaya panchayat not a previous conviction. 302. Inquiry by a nyaya panchayat under section 202, Code of Criminal Procedure, 1898. 303. Youthful offenders. 304. Order to maintain wives and children. Miscellaneous. 305. Res-judicta and pending suits and cases. 306. Institution of suits and cases. 307. Summons to be issued to the defendant or accused. 308. Disposal of suits and cases in absence of party concerned. 309. Issue of summons to witnesses. 310. Assistance of police to the nyaya panchayat. 311. Fresh hearing of pending suits, etc., if more than one-half of members vacate office. 312. Nyaya panchayat not.....
List Judgments citing this sectionThe Uttarakhand Water Tax on Electricity Generation Act, 2012 Complete Act
State: Uttarakhand
Year: 2012
.....user shall be bound to allow the authority or any other officer authorized by authority to have access at any time to the scheme for their satisfaction. Section 13 - Control and safety provisions (1) The Commission may, by notice in writing given to the user require him to:- (a) Cause periodic inspection carried out by an expert, to the satisfaction of the Commission and in accordance with the procedure and at such intervals, as the Commission may specify, for the Scheme; (2) The user shall pay such fee and such other charges as the State Water Commission may fix in this behalf, to the State Water Commission for undertaking the following activities:- (a) Periodical inspection of the scheme by the Commission or any other officer or expert empowered in the behalf; (b) Any other activity performed or caused to be performed by the Commission under this section in relation to the scheme of the user. Section 14 - Assessment of water drawn by user (1) The Commission shall install or cause to be installed flow measuring device within the premises of Scheme or at such other place where the Commission deems fit for purposes of measuring the water drawn for electricity generation or.....
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