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Nunia Mal and anr. Vs. Maha Dev

Court : Punjab and Haryana

Subject : Civil

Acts : Registration Act - Sections 17; Indian Contract Act - Sections 23; Indian Easements Act - Sections 13, 15 and 47; Indian Limitation Act - Sections 26; Transfer of Property Act - Sections 40

Reported in : AIR1962P& H299

rights of the plaintiff if any had been lost. The plaintiff's contention raised under section 13(f) of the Indian Easements Act was rejected and it was held, that on the facts proved on the record the ingredients required to … a judgment/order passed by a Single Judge in an appeal arising out of a proceeding under a Special Act. Sections 100-A [As inserted by Act 22 of 2002] & 104:[Dr. B.S. Chauhan, CJ, L. Mohapatra & A.S. Naidu,

R. Paramasivan and anr. Vs. Smt. T. Anasuya

Court : Karnataka

Subject : CivilProperty

Acts : Indian Easement Act, 1882 - Sections 13, 13A and 14

Reported in : AIR2005Kant240; ILR2005KAR1188; 2005(2)KarLJ390

a matter of necessity as per Section 13 and 14 of the Indian Easement Act. More over, as noted above in the judgments rendered by … 13 A of the Easement Act, the Nagpur High Court has held that thus:'easement contemplated by Section 13(a), Easements Act, must be absolutely necessary for the enjoyment of the subject of transfer or bequest. Where a plaintiff claims … suit lavatory was no longer there. When the necessity came to an end, the easement of necessity was extinguished.Sections 13 and 14 of the Easement Act reads thus:Section 13. Easements of necessity and quash easements-Where one person transfers

Gopisetti Reddy and anr. Vs. Makam V. Balaramaiah Gupta and anr.

Court : Andhra Pradesh

Subject : Property

Acts : Indian Easements Act, 1882 - Sections 13 and 15

Reported in : 2004(2)ALD562; 2004(3)ALT562

light and air claimed by the appellants-plaintiffs be negatived especially in the light of Section 13 of the Indian Easements Act, 1882'.3. The learned Counsel made elaborate submissions relating to the respective pleadings of the parties and also had … IC 1858 Overruled]. -- MAHARASHTRA EMPLOYEES OF PRIVATE SCHOOLS (CONDITIONS OF SERVICE) REGULATIONS ACT, 1978 [Act No. 3/1978]. Sections 9 & 2(21): Jurisdiction of School Tribunal Whether a School run by Cantonment Board is not a recognised

Madai Lakshmi Alias M. Rajalakshmi Vs. P.M. Partha Kumar

Court : Supreme Court of India

Subject : Property

Acts : Indian Easements Act, 1882 - Sections 13(f)

Reported in : 2000(9)SCC524

below by holding that the respondent herein had enjoyed and exercised quasi-easement falling under Section 13(f) of the Indian Easements Act. In coming to this conclusion the High Court observed as follows :"The requirements of Section 15 are that … No costs. - [ B.N. Kirpal and; Syed Shah Mohammed Quadri, JJ.] - Indian Easements Act, 1882 - Sections 13(f) -- The appellant herein had filed a suit for injunction against the respondent for restraining the respondent

M.Abdul Wahab Vs. Natarajan and ors

Court : Chennai

Subject : Civil

Acts : Indian Easement Act - Sections 13, 15; Code of Civil Procedure (CPC) - Section 100

not to injure another's property].24. At this juncture, I would like to refer to Section 41 of the Indian Easements Act, 1882, thusly:Section 41. Extinction on termination of necessity:- An easement of necessity is extinguished when the necessity comes … necessary legal ingredients of easement by prescription or easement by necessity and whether such claim is maintainable under Sections 13 & 15 of Indian Easement Act?(e) Whether a decree obtained against the 3rd party who has no connection

Pakeer Pitchi Reddy and ors. Vs. Pakeer Papi Reddy and anr.

Court : Andhra Pradesh

Subject : Civil

Acts : Indian Easements Act, 1882 - Sections 5, 8 and 13; Transfer of Property Act - Sections 52

Reported in : 2005(6)ALD37; 2006(1)ALT626

that the right claimed by the appellants, does not fit into the parameters of Section 13 of the Indian Easements Act, 1882 (for short 'the Act'). He too placed reliance upon certain precedents, in support of his contentions.7. The … the neighbouring lands, and that the right claimed by the appellants, does not fit into the parameters of Section 13 of the Indian Easements Act, 1882 (for short 'the Act'). He too placed reliance upon certain precedents,

Bhaurao Ambadas Kasar, Vs. Vinod Ramdas Kasar, Cultivator

Court : Mumbai

Subject : PropertyCivil

Acts : Indian Easement Act, 1872 - Sections 4, 13 and 47; Indian Registration Act, 1877; Code of Civil Procedure (CPC) - Sections 100

Reported in : 2005(4)ALLMR313; 2006(2)BomCR201; (2005)107BOMLR1591; 2006(1)MhLj353

5. Mr. Chandurkar, learned Counsel for the defendants pointed out that in view of Section 47 of the Indian Easement Act, 1872 (for short, the Act), the right of easement has been extinguished by non enjoyment because … such it stands dismissed with no costs. Property - Easementary rights - Sections 4, 13(e) and 47 of Indian Easement Act 1872 (Act) - Whether … construction and thus the entry from that side is closed since about 1957, and therefore, the right of easement has been extinguished as it has nor been enjoyed continuously for the statutory period of twenty years prior

Jagdish Prasad Gupta (Deceased) Through His Lrs and Others Vs. Union o ...

Court : Delhi

Subject : Land Acquisition

immediately hereinafter. The subject suit was filed by the appellants/plaintiffs on 18.5.1983. As per Section 15 of the Indian Easements Act, 1882, a right of easement against a government property can only be claimed if the easement is claimed … VIII AD (Delhi) 398, the plaintiffs, to avail the benefit of section 13 of Easement Act, have to satisfy the following conditions:- (i) use of … Valmiki J. Mehta, J. (Oral) 1. This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) is filed by the plaintiffs in the suit impugning

Ramaswami and ors. Vs. Muniswami and ors.

Court : Chennai

Subject : Civil

Acts : Indian Easements Act - Sections 13

Reported in : AIR1960Mad124

Goddard on Easements, Eighth Edition, page 38; While clauses (a), (c) and (e) of S. 13 of the Indian Easements Act deal with what are known as easements of necessity, clauses (b), (d) and (f) have as their subject … the circumstances the parties will bear their own costs.(12) Appeal allowed partly. Civil - presumption of law - Section 13 of Indian Easements Act - whether suit well is substantial source of irrigation for defendants' lands an

Kallen Devi Vs. Kizhakkekoroth Raghavan

Court : Kerala

Subject : Land Acquisition

Reported in : 2012(3)KLT142

averments regarding severance of tenements and the origin of easement of necessity as contemplated under Section 13 of Indian Easements Act. In other words there are no specific pleadings containing the ingredients of easement of necessity. Of course, it … the suit shall stand dismissed. There will be no order as to costs. Indian Easements Act, 1882 - Sections 13 and 15 -