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Manikrao S/O Narayanrao Bhoge and ors. Vs. Shri Maheshkumar S/O Bansil ...

Court : Mumbai Nagpur

Subject : Property

Acts : Indian Easements Act, 1882 - Section 15; Maharashtra Land Revenue Code, 1966 - Section 142

erred in reversing the finding on the question of right of way under Section 15 of the Indian Easements Act, 1882 by way of prescription without recording any cogent reasons and wrongly held that convenience of the appellants/plaintiffs could … proved easement of necessity as contemplated by Section 13 of the Indian Easements Act ? ...No. (iii) Whether Sections 13 and 15 of the Indian Easements Act are independent provisions in the matter of claim for easements

Jivanlal S/O Kannaiyalal Paliwal Vs. Krishnarao D. Sathone

Court : Mumbai

Subject : Property

Acts : Easements Act, 1882 - Sections 15

Reported in : AIR2004Bom89

involved in this appeal and the same is dismissed with costs. Property - easement - Section 15 of Easements Act, 1882 - Appellate Court held that plaintiff had acquired easement in relation to user of way and entitled to … ORDERS.T. Kharche, J.1. By invoking the jurisdiction of this Court under Section 100 of the Code of Civil Procedure, this appeal is directed against the judgment and decree passed by

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

years. 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 … were using for over 20 years. 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

Atma Ram Vs. Om Pal and ors.

Court : Punjab and Haryana

Subject : Property

Acts : Easement Act, 1882 - Sections 15

Reported in : (2003)135PLR246

also recorded the conclusion that the plaintiff-appellant had failed to satisfy the basic ingredients of the right of easement by prescription as envisaged by Section 15 of the Indian Easement Act, 1882 (for brevity, 'the Act'). The … basic ingredients of the right of easement by prescription as envisaged by Section 15 of the Indian Easement Act, 1882 (for brevity, 'the Act'). The views of the Additional District Judge on the issue read as under:-'So far … governed by Hindu Law except to the extent it is regulated by Sections 6 and 30 of the Hindu Succession Act. In Haryana, property in

Kesavan Velayudhan Vs. Kannan Kunjukutty and ors.

Court : Kerala

Subject : Property

Acts : Easements Act, 1882 - Sections 15

Reported in : AIR1992Ker163

sworn that the canal was there for the last 45 years. As per Section 15 of the Indian Easements Act, 1882 (for short the Act) such user should be for 20 years, and accordingly to the last clause of … up the canal. Ext. A7 is the copy of the conditional order issued by the Sub-Divisional Magistrate under Section 133(1) of the Cr. P.C. to the first defendant to remove the obstruction. The same refers to the

Ram Sahai and ors. Vs. Man Singh and ors.

Court : Allahabad

Subject : Property

Acts : Easement Act, 1882 - Sections 15 and 23

Reported in : AIR1952All398

been established. It is necessary to examine the relevant statutory provisions on the subject.3. Section 15 of the Easements Act, 1882, provided for the acquisition of easements by prescription. Paragraph 3 of that section runs as follows:'Where a right … with costs throughout against the defendants. The cross objection is dismissed with costs. Property - easement rights - Sections 15 and 23 of Easements Act, 1882 - dropping of rainwater from the roof to servient heritage - change

Justiniano Antao and ors. Vs. Smt. Bernadette B. Pereira

Court : Supreme Court of India

Subject : PropertyCivil

Acts : Easements Act, 1882 - Sections 15

Reported in : AIR2005SC236; 2005(2)ALD16(SC); 2005(5)ALLMR(SC)135; 2005(1)AWC213(SC); 2005(3)BomCR302; [2005(1)JCR53(SC)]; JT2004(10)SC228; 2004(9)SCALE593; (2005)1SCC471; 2005(1)LC77(SC

the relief in question could not be granted to the plaintiff in view of Section 15 of the Easements Act, 1882 which provided that easementary right must be claimed as of right. The second ground on which the findings … ever shown to developers at instance of Chief Minister. Contrary observations by High Court are baseless and unwarranted. Sections 29 & 164: [K.G. Balakrishnan C.J.I. & P. Sathasivam, J] Development of land - Policy decision to apply

Meher Fatima Vs. District Collector and ors.

Court : Andhra Pradesh

Subject : Civil

Acts : Andhra Pradesh Municipalities Act, 1965 - Sections 2(31); Indian Easements Act, 1882 - Sections 15

Reported in : 2006(2)ALD440

Sentry Room, the same cannot be accepted unless there is a proper Court declaration. Section 15 of Indian Easements Act, 1882 (the Easements Act) is to the effect that where the access to land has been enjoyed peaceably for … insurer and will be negation of the intention of the Legislature and annihilate mandate of the provisions of Sections 170 and 149 of the Act. The insured can pursue appeal only after giving up the insurer as

Sh. Sanjeev Kumar JaIn Vs. Sh. Raghubir Saran Charitable Trust and ors ...

Court : Delhi

Subject : PropertyTenancy

Acts : Easement Act, 1882 - Sections 4, 13 and 15; Evidence Act, 1872 - Sections 91; Code of Civil Procedure (CPC) - Order 39

Reported in : 117(2005)DLT600; (2005)141PLR38

PC 156 where the provisions of the Easement Act came to be considered and interpreted as follows:The Indian Easements Act, 1882, section 15, enacts that 'where the access and use of light or air to and for any building … orders are recalled and the application is dismissed. Parties to bear their respective costs. Property - easement - Sections 4, 13 and 15 of Easement Act, 1882, Section 91 of Evidence Act, 1872 and Order 39 of

VipIn Krishna Garg and anr. Vs. Shyam Lal Garg and anr.

Court : Allahabad

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 100; Indian Easements Act, 1882 - Sections 15 and 18

Reported in : AIR2004All386; 2004(2)AWC1865b

right of easement and that he had not pleaded easementary right by prescription is wholly erroneous.9. For facility, Sections 15 and 18 of the Indian Easements Act are quoted hereunder :'Section 15, Acquisition by prescription.--Where the access and … of one's house to another sahan or house is not an easmentary right as contemplated under the Indian Easements Act, 1882.6. On the other hand, the learned counsel for the plaintiff opposite party has invited my attention to paragraphs