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The Hongkong and Shanghai Banking Corporation Limited Vs. Diamant Bora ...

Court : Mumbai

Subject : BankingCommercial

Acts : Easements Act, 1882 - Sections 52 and 59; Code of Civil Procedure (CPC), 1908 - Order 21, Rule 54; Registration Act, 1908 - Sections 17; Contract of Sales Act - Order 38, Rule 10; Transfer of Property Act, 1882 - Sections 4 and 54; Trusts Act, 1882 - Sections 91

Reported in : 1998(2)ALLMR696; 1998(2)BomCR460

earlier hereinabove is also supported by the provisions of section 52 read with section 59 of the Indian Easement Act, 1882. Under section 52 of the Indian Easement Act, it is provided that where one person grants to another … by Amendment Act 1O4 of 1976 - Order XXI Rule 58 read with Indian Easement Act (Act V) 1882 Sections 52, 59, and Section 17(1)(b) of Registration Act - Adjudication of claims and objections to attachment of property

SumikIn Bussan (Hong Kong) International Limited Vs. Manharlal Trikamd ...

Court : Mumbai

Subject : Property

Acts : Indian Easements Act, 1882 - Sections 52, 56, 59, 60, 62, 63 and 64; Bombay Rent Act; Registration Act - Sections 17(1); Transfer of Property Act, 1882 - Sections 58, 67 and 100; Stamp Act; Maharashtra Rent Control Act, 1999 - Sections 24, 55 and 55(1); Factors (Scotland) Act, 1890 - Sections 1; Maharashtra Co-operative Societies Act - Sections 29(1); Code of Civil Procedure (CPC) - Sections 44A

Reported in : 2006(6)ALLMR347; 2006(4)BomCR131

earlier hereinabove is also supported by the provisions of Section 52 read with Section 59 of the Indian Easement Act, 1882. Under Section 52 of the Indian Easement Act, it is provided that where one person grants to Anr. … such a license may be prevented by the grant of an injunction. 17. The Supreme Court in Ram Sarup Gupta v. Bishun Narain Inter College … created under Clauses 23 and 28 of the leave and licence agreement are contrary to the provisions of Sections 59 and 60 of the Indian Easements Act and are accordingly unenforceable against Respondent No. 1 and any

Mungara Venkataramaniah and ors. Vs. Vudata Subbramayya

Court : Andhra Pradesh

Subject : Property

Acts : Easements Act, 1882 - Sections 17 and 18

Reported in : AIR1961AP245

the defendants' lands. The action was founded upon immemorial right, custom and prescriptive title as a right of easement and under a lost grant.3. The suit was contested on the plea that there was neither prescriptive title … to be affirmed.20. In the result, the letters patent appeal is dismissed without costs. Property - irrigation - Sections 17 Clause (C) and 18 of Easements Act,1882 - plaintiff land lower than lands of defendant - issue whether

Commissioner of Income Tax 4 Vs. Techno Shares and Stocks Limited and ...

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(13), 2(36), 32, 32(1) and 47; Indian Easements Act, 1882 - Sections 52; Indian Contract Act, 1872; Industries (Development and Regulation) Act, 1951 - Sections 11; Central Excise Act, 1944 - Sections 6; Securities Contracts (Regulation) Act, 1956 - Sections 17; Banking Regulation Act, 1949 - Sections 22; Cantonments Act, 2006; Food Safety and Standards Act, 2006 - Sections 31; Insecticides Act, 1968 - Sections 13; Off-shore Areas Mineral (Development and Regulation) Act, 2002; Bombay Prohibition Act, 1949 - Sections 31; Patents Act, 1970; Copyrights Act, 1957; Trade Marks Act 1999; Bombay Shops and Establishments Act, 1948 - Sections 2(4); Societies Registration Act, 1860; Maharashtra Rent Control Act, 1999 - Sections 3(1)

Reported in : 2009(111)BomLR3801; (2009)225CTR(Bom)337; [2009]184TAXMAN103(Bom)

is not defined under the Act. The expression `licence' is however, defined under Section 52 of the Indian Easements Act, 1882 to mean a right to do or continue to do, in or upon the immovable property … not defined under the Act. The expression `licence' is however, defined under Section 52 of the Indian Easements Act, 1882 to mean a right to do or continue to do, in or upon the immovable property of the … and therefore, depreciation is allowable on the BSE card acquired by them. 17. The first question therefore to be considered is, whether the BSE card … The only question raised in all these appeals is, whether depreciation under Section 32 of the Income Tax Act, 1961 is allowable on the stock

Chintamanrao Appasaheb Patvardhan Vs. Ramchandra Govind

Court : Mumbai

Subject : Civil

Reported in : AIR1932Bom130; (1932)34BOMLR92; 137Ind.Cas.881

independent of the provisions of Section 26 of the Indian Limitation Act, 1908, or of the Indian Easements Act, 1882, Section 15 ?21. The question, then, is, whether, if the issues had been framed as they ought to … to the same conclusion, nor adifferent one.26. The appeal is dismissed with costs. Indian Easements Act (V of 1882), Sections 15, 17-Easement-Acquisition-User open, peaceful and as of right for twenty years-Immemorial user-Issues in the case.;A person, who fails

Mungara Venkataramaniah Alias Ragayya and ors. Vs. Vudata Subbaramayya ...

Court : Andhra Pradesh

Subject : PropertyCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 100 - Order 18, Rule 18; Easements Act, 1882 - Sections 13, 13(1), 17 and 18

Reported in : AIR1959AP153

18 Rule 18 of Code of Civil Procedure, 1908 and Sections 13, 17 (c) and 18 of Easements Act, 1882 - whether plaintiffs entitled to irrigate their lands by getting water from land belonging to defendant - land … from the defendants' lands.The action was founded upon immemorial right, custom and prescriptive title as a right of easement and under a lost grant. The defence to the action was that there was no such right, that

Heera Bai and ors. Vs. Thakuri (Deceased by L.Rs.)

Court : Madhya Pradesh

Subject : Property

Acts : Easements Act, 1882 - Sections 15; Code of Civil Procedure (CPC) , 1908 - Order 6, Rule 17

Reported in : AIR1998MP273; 1998(2)MPLJ225

The claim is based on acquisition of easementary right by prescription under Section 15 of the Indian Easements Act, 1882 (for short 'the Act'). The relevant provision of Section 15 is extracted thus : 'Section 15 -- Acquisition … The claim is based on acquisition of easementary right by prescription under Section 15 of the Indian Easements Act, 1882 (for short 'the Act'). The … appeal, the appellants filed an application, on 20-2-1998, under Order 6, Rule 17 of the Code of CivilProcedure, to amend the plaint of which reply … appellate Court with the observation that the plaintiffs have not proved that the right was used as an easementary right and this finding is against the record.'3. Facts giving rise to this appeal are thus: The plaintiffs

Het Singh and ors. Vs. Anar Singh and ors.

Court : Allahabad

Subject : Civil

Acts : Easements Act, 1882 - Sections 15 and 17; Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1951 - Sections 7

Reported in : AIR1982All468

bear their own costs throughout. Civil - right by prescription - Sections 17 (d) and 15 of Easements Act, 1882 and Section 7 (aa) of U.P. Zamindari Abolition and Land Reforms Act, 1951 - right claimed by plaintiff … the well situate in the defendants' land. The right was claimed by way of a prescriptive right of easement acquired by more than twenty years uninterrupted user.2. The trial Court found that the plaintiffs had such right

Maheshwari Prasad and ors. Vs. Munni Lal and ors.

Court : Allahabad

Subject : Civil

Acts : Easements Act, 1882 - Sections 18 and 47; Code of Civil Procedure (CPC) , 1908 - Order 6, Rule 17; Uttar Pradesh Municipalities Act, 1916 - Sections 225(2)

Reported in : AIR1981All438

to costs. (i) Civil - customary right to draw water from well - Sections 17,18 and 47 of Easement Act, 1882 - customary right to draw water from well is alleged by plaintiff - held, hearsay evidence to establish

Ram NaraIn Choubey Vs. Gangadhar Choubey and ors.

Court : Allahabad

Subject : Property

Acts : Easements Act, 1882 - Sections 5, 15, 17, 22, 24 and 28; Uttar Pradesh Village Abadi Act, 1948 - Sections 4

Reported in : AIR1975All248

their own costs. (i) Property - right of easement - Sections 5(b) and 15 and 17(c) of Easements Act, 1882 - Section 5 lays down that it is not necessary that the right of passage is continuous -