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Prabhudas Damodar Kotecha and anr. Vs. Smt. Manharbala Jeram Damodar a ...

Court : Mumbai

Subject : CivilTenancy

Acts : Presidency Small Cause Courts Act, 1882 - Sections 18, 19 and 41 to 49; Presidency Small Cause Courts (Amendment) Act, 1963; Provincial Small Cause Courts Act, 1887; Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947 - Sections 5, 5(4A), 5(11), 13(1), 15A, 28, 28(1), 28(2), 50 and 51; Maharashtra Presidency Small Cause Courts (Amendment) Act, 1976; Maharashtra Rents, Hotel and Lodging House Rates (Control) (Amendment) Act, 1973; Indian Easements Act, 1882 - Sections 52; Presidency Small Cause Courts (Amendment) Act, 1975; Bombay Rents, Hotel and Lo

Reported in : 2007(4)ALLMR651; 2007(5)BomCR1; 2007(5)MhLj341

be read in general sense. The meaning of the expression 'license' as defined under Section 52 of the Indian Easements Act, 1882 (for short, 'the Easement Act') will have to be given to the expressions 'licensor' and 'licensee' in Section … by both the Division Benches on important legal aspect of the matter, namely, the scope and enquiry under Chapter VII of PSCC Act prior to its amendment and after amendment as also the definition of 'licensee' under … the factual matrix in these Writ Petitions. Writ Petition No. 148 of 2004 and cross Writ Petition No. 561 of 2005, both arise out of

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

at the will of the licensor except in the two cases set out under Section 60 of The Indian Easements Act, 1882. It was contended that Section 60 did not mention any third class of cases where a licence would … Mudholkar in M.F. De Souza's case. There is nothing in The Indian Easements Act and, in particular, the chapter pertaining to licences which indicates that Sections 59 and 60 cannot be subject to a contract to the … learned Single Judge allowing the Chamber Summons taken out by Respondent No. 2 by directing the amendment of the terms and conditions of sale of

Thomas Cook (India) Limited Vs. Hotel Imperial and ors.

Court : Delhi

Subject : CivilProperty

Acts : Transfer of Property Act, 1882 - Sections 106; Evidence Act, 1872 - Sections 91 and 92; Indian Easements Act, 1882 - Sections 52, 54, 60, 61 and 63; Public Premises Act; Specific Relief Act, 1963 - Sections 6; Code of Civil Procedure (CPC) , 1908 - Sections 151 - Order 39, Rule 2

Reported in : 127(2006)DLT431; 2006(88)DRJ545

him, no injunction, as prayed for, by the plaintiff could be granted.6. Mr. Rohtagi then referred to the Indian Easements Act, 1882 and, particularly, Chapter VI which deals with licenses. Section 52 defines 'license' as a right granted by one … is No. 4326/2005. The former application has been filed on behalf of the plaintiff under Order XXXIX Rule 2 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the CPC') wherein the plaintiff has prayed

Prasannan, (Died) (Lhr Recorded) vs Sivadasan

Court : Kerala

consideration.27. The Indian Easement Act, 1882 does not contain aterm as 'easement by grant'. Chapter II of the Indian Easements Act, 1882 (in short, the Act) deals with the imposition, acquisition and transfer of easements. Section 8 provides that an … THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT THE HONOURABLE MRS. JUSTICE M.R.ANITHA WEDNESDAY, THE 31ST DAY OF AUGUST 2022 / 9TH BHADRA, 1944 RSA NO. 47 OF 2016 AGAINST THE JUDGMENT AND DECREE DATED 18.02.2015 IN A.S.

Bai Hanifa Jusab Vs. Memon Dadu A. Gani, Sardharia

Court : Gujarat

Subject : FamilyCivil

Acts : Easements Act, 1882 - Sections 2, 52, 60 and 64

Reported in : AIR1964Guj44; (1964)GLR198

minor till the contingencies mentioned come to pass.12. How, a 'licence' is defined in Section 52 of the Indian Easements Act, 1882, as follows:'Where one person grants to another, or to a definite number of other persons, a right to … over immovable property have been saveo, licences have been excepted therefrom.16. With this background we will turn to Chapter v which deals with licences. Section 52 which is the first section in this Chapter defines a licence. … Amin as she was expected to do. In these circumstances, on May 25, 1959, the respondent addressed a notice to ma appellant to vacate the

Mineral Area Development Authority Etc. Vs. M/s Steel Authority Of Ind ...

Court : Supreme Court of India

Subject : Land Acquisition

right to enjoy immoveable property within the meaning of Section 105.11384. The expression “licence” is defined in the Indian Easements Act 1882 as follows: “52. “License” defined.-. Where one person grants to another, or to a definite number of other … mines and development of mines under the control of the Union to the extent indicated in the statute.63. Chapter II of the MMDR Act deals with general restrictions on undertaking prospecting and mining operations. Section 4 provides … Reportable 2024 INSC554IN THE SUPREME COURT OF INDIA CIVIL APPELLATE/ORIGINAL JURISDICTION Civil Appeal Nos.

Mahadeo Tatu Naik Vs. Ramakant Atmaram and anr.

Court : Mumbai

Subject : PropertyCivil

Acts : Portuguese Civil Code - Artciles 476 576, 2307, 2309, 2311, 2312, 2313 and 2314; Easements Act, 1882 - Sections 1 and 60;

Reported in : AIR1985Bom347

of a permanent character and incurred expenses in the execution thereof, and therefore, under S. 60(b) of the Indian Easements Act, 1882, which was applicable to the area where the property was situated, the license was irrevocable. No plea of … not expressly apply to cases of licenses before the coming into force of the Act, the principle underlying Chapter VI of the Act being in consonance with justice, equity and good conscience may well be applied. It … the following substantial questions of law :-(a) Whether the provisions of Art. 2307 of the Portuguese Civil Code are attracted to the case : (b)

S. Ramaiah and Others Vs. K. Ramesh Rao and Another

Court : Karnataka

Subject : Land Acquisition

of the soil of the servient heritage, or anything growing or subsisting thereon." A "licence" is defined under Chapter VI, Section 52 of the Indian Easements Act, 1882, thus : "52. "Licence" defined. - Where one person … and a licence as being synonymous. They are not. An "easement" is defined under Section 4 of the Indian Easements Act, 1882, thus : "4. "Easement" defined - An easement is a right which the owner or occupier of certain … (Prayer: These Writ Petitions filed under Article 226 of the Constitution of India praying to quash the common order dated

S Ramaiah Vs. Sri K Ramesh Rao

Court : Karnataka

Subject : Land Acquisition

of the soil of the servient heritage, or anything growing or subsisting thereon.” A “licence” is defined under Chapter VI, Section 52 of the Indian Easements Act, 1882, thus : “52. “Licence” defined. - Where one person … and a licence as being synonymous. They are not. An “easement“ is defined under Section 4 of the Indian Easements Act, 1882, thus : “4. “Easement” defined - An easement is a right which the owner or occupier of certain … years, S. Siddappa, Son of Late Siddaramaiah, Aged about 53 years, BETWEEN:1. 2.3. S. Nanjappa, Son of Late Siddaramaiah, Aged about 50 years, All are

Ramesh Dwarkadas Mehra Vs. Indravati Dwarkadas Mehra

Court : Mumbai

Subject : Civil

Acts : Presidency Small Cause Courts Act, 1882 - Sections 19, 41, 41(1), (2), 42A, 43, 46, 47, 48, 49 and 69; Maharashtra Presidency Small Cause Courts (Amendment) Act, 1963; Presidency Small Cause Courts (Amendment) Act, 1975 - Sections 41; Presidency Small Cause Courts (Amendment) Act, 1976 - Sections 41 to 49; Presidency Small Cause Courts (Amendment) Act, 1982; Bombay Rent Act, 1925 - Sections 4-A, 5(4), 5(4A), 7, 20, 28 and 51; Bombay Rent (Amendment) Act, 1939; Bombay Rent (Amendment) Act, 1947 - Sections 5(11) and 15A; High Court of Judicature Original Side Rules, 1980 - Rule 28; Indian Easements Act, 1882 - Sections 52 to 64; Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947; Bombay Government Premises (Eviction) Act, 1955; Bombay Municipal Corporation Act, 1888;

Reported in : AIR2001Bom470; 2001(3)ALLMR668; 2001(4)BomCR417; 2001(4)MhLj483

that though the Indian Easements Act. 1882 had already come into force on 17th February 1882, and contained Chapter VI (Sections 52 to 64) together with the definition of the expression 'license', Section 41 of the Presidency … High Court on its Original Side, depending upon the valuation of the Suit. CONCEPT OF license 8. The Indian Easements Act, 1882 was brought into force from 17th February 1882. This Act deals with easements and license. Section 52 of … B.N. Srikrishna, J.1. Notice of Motion No. 2172 of 1998 in Suit No. 2747 of 1998 was directed to be