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Dec 16 1987

G. Ramakrishna Kamath Vs. Aithappa Maistry

Court : Karnataka

Decided on : Dec-16-1987

Subject : Property

Acts : Easements Act, 1882 - Sections 7

Reported in : ILR1989KAR1901; 1989(2)KarLJ56

the land continues. This natural right is specifically recognised by Clause (b) of Section 7 of the Indian Easements Act, 1882 (for short the 'Act'), which specifically provides that it is the right of every owner of immovable property … of the lands of the appellant (plaintiff) and respondents (defendants). It is a riparian right referred to in Section 7 of the Easement Act and pointedly illustrated by illustration (i) to that Section.'11. With regard to the

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Feb 08 2002

Nadupari Narayana and ors. Vs. Ijjada Narayana

Court : Andhra Pradesh

Decided on : Feb-08-2002

Subject : Property

Acts : Easements Act, 1882 - Sections 7; Transfer of Property Act, 1882 - Sections 8

Reported in : AIR2002AP387; 2002(3)ALT681

water from the land, fixers to the land, like trees, etc.10. Section 7(h) and (i) of the Indian Easements Act, 1882, which is relevant for our purpose, reads :7. Easement restrictive of certain rights :-- Easements are restrictions of … plaintiff had become absolute owner of land including well thereof. - SPECIFIC RELIEF ACT, 1963 [C.A. No. 47/1963]. Sections 31 & 34: [Bilal Nazki, V.V.S. Rao & G. Chandraiah, JJ] [Per Court] Cancellation of registered sale deed

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Oct 10 2001

Siromani Mittasala, Chairman, Paryavarana Parirakshaka Parishad Vs. Pr ...

Court : Andhra Pradesh

Decided on : Oct-10-2001

Subject : Civil

Acts : Constitution of India - Articles 21, 32, 48A, 51A and 226; Andhra Pradesh Municipalities Act, 1965 - Sections 35, 36, 37, 38, 62, 65, 123, 133, 137, 138, 148, 233, 237 and 239; Indian Easements Act, 1882 - Sections 7; Constitution of India (Seventy-fourth Amendment) Act, 1992 - Article 243W; Municipal Laws; ;Panchayat Laws; Air Act; Environment Protection Act; Water Act - Sections 2, 24 and 25(1); Water (Prevention and Control of Pollution) Act, 1974; Environment (Protection) Rules, 1986 - Rules 3(3-A); Environment (Protection) Act, 1986 - Sections 6 and 25

Reported in : 2002(1)ALD136; 2002(2)ALT356

a person who diverts drainage water accumulated in his land onto others' land. Section 7 of the Indian Easements Act, 1882 ('the Easements Act' for brevity) states that easements are restrictions of one or other of the exclusive right … is constituted only for the purpose of running civic services and they cannot feign ignorance. Various provisions like Sections 35, 36,37,38 of the Andhra Pradesh Municipalites Act, 1965 ('the Municipalities Act' for brevity) and the provisions in

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Sep 07 2005

Surjit Kaur Vs. Balwinder Kaur

Court : Punjab and Haryana

Decided on : Sep-07-2005

Subject : Tenancy

Acts : Court Fees Act, 1970 - Sections 7; Specific Relief Act, 1963 - Sections 55; Easement Act, 1882 - Sections 52, 53 and 54; Benami Transactions (Prohibition) Act, 1988; Code of Civil Procedure (CPC) , 1908 - Sections 96 and 100

Reported in : AIR2006P& H23; (2005)141PLR846

a licensee of the suit property could be implied in view of the provisions'of Section 54 of the Easement Act, 1882 ?'3. The plaintiff-appellant filed a suit for mandatory injunction for direction to the defendant-respondent to vacate … licensee of the suit property could be implied in view of the provisions'of Section 54 of the Easement Act, 1882 ?'3. The plaintiff-appellant filed a suit for mandatory injunction for direction to the defendant-respondent to vacate one room … Dev 's case (supra) and the view in respect of both the sections isdiscernible from para 7 which reads as under:-'... Under Section 52 of

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Jan 12 1982

Smt. Aqlima Bibi and ors. Vs. Shiv Shanker and ors.

Court : Allahabad

Decided on : Jan-12-1982

Subject : Property

Acts : Easements Act, 1882 - Sections 56; Transfer of Property Act, 1882 - Sections 7 and 105; ;Limitation Act, 1963 - Schedule - Articles 64 and 65

Reported in : AIR1982All158

and is dismissed with costs. Property - right to transfer - Section 56 of Easements Act, 1882 and Sections 7 and 105 of Transfer of Property Act, 1882 - licencee having right to sell any construction done on … Mau-nath Bhan-jan, district Azamgarh from the settlement record of 1874 A. D., and S, 56 of the Indian Easements Act, 1882, were relied upon by Dr. Gyan Prakash in this context. The relevant portion of the terms of the

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Aug 09 1961

Chadami Lal Vs. General Manager, Western Railway

Court : Allahabad

Decided on : Aug-09-1961

Subject : PropertyCivil

Acts : Easements Act, 1882 - Sections 7 and 15; Land Acquisition Act, 1894 - Sections 16 and 23(1); Constitution of India - Article 14

Reported in : AIR1962All159

with-out force. It is dismissed with costs. (i) Tenancy-Easement - Section 7 Clause (b) and Illustration (i) of Easements Act, 1882 and Articles 14 and 16 of Constitution of India - naturally rising or falling of water in upper … the land claimed by the plaintiff had been acquired under the Land Acquisition Act in 1933-34 and under Section 16 of the Act. All easementary rights if any which the defendant or his predecessors might have acquired

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Jun 29 2007

Deo Kumar Vs. Kailash Chand and ors.

Court : Madhya Pradesh

Decided on : Jun-29-2007

Subject : Property

Reported in : 2007(4)MPHT151; 2008(1)MPLJ123

been impaired or diminished, the plaintiff may have had a cause of action.Although, Section 7 of the Easement Act, 1882 makes a provision for right of easement for every owner on immovable property, but the same has been … with easement have to be very precise. As has been stated by Peacock in his 'Law Relating to Easements in British India', Third Edition at Page 608:'As an easement is not one of the ordinary rights of … [National Insurance Co. Ltd. v Sarvanlal, 2004 (4) MPHT 404 (D.B) Overruled]. Sections 147 & 96 & M.P. M.V. Rules, 1994, Rule 97; [A.K. Patnaik,

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Feb 04 1953

MoidIn Kunhi Beavy and anr. Vs. K. Gopalakrishna Mallya, Minor and anr ...

Court : Chennai

Decided on : Feb-04-1953

Subject : Property

Acts : Easements Act, 1882 - Sections 7, 12, 15, 28, 33 and 35

Reported in : AIR1953Mad849; (1953)1MLJ816

with costs. No leave. Property - easementary right - Sections 7, 12, 15, 28, 33 and 35 of Easements Act, 1882 - whether in order to maintain suit plaintiffs should have proved that they acquired easementary right to light

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Nov 06 1985

Medarametla Seshareddy and ors. Vs. Korrapati Gopala Reddy and ors.

Court : Andhra Pradesh

Decided on : Nov-06-1985

Subject : Civil

Acts : Code of Civil Procedure (CPC), 1908 - Sections 11; Easements Act, 1882 - Sections 2, 7 and 28; Andhra Pradesh Land Encroachment Act, 1905 - Sections 2

Reported in : AIR1987AP1

- customary right - Section 11 of Code of Civil Procedure, 1908, Sections 2, 7 and 28 of Easements Act, 1882 and Section 2 of Andhra Pradesh Land Encroachment Act, 1905 - plaintiff filed suit for permanent injunction restraining

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Jan 14 1981

Dr. K. Anantha Bhat Vs. K.M. Ganapathy Bhatta and ors.

Court : Kerala

Decided on : Jan-14-1981

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 100 and 101; Easements Act, 1882 - Sections 7

Reported in : AIR1981Ker102

Civil - injunction - Sections 100 and 101 of Code of Civil Procedure, 1908 and Section 7 of Easements Act, 1882 - suit to restrain from diverting natural stream - plaintiff being owner of upper reach of stream not

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