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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

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 … applicant if the Small Cause Court was satisfied that the applicant was entitled to apply under Section 69. Section 46 of the Presidency Small Cause Courts Act, 1882 provided that an application for an order under Section 41

B.K. Suresh Babu S/O Late B.L. Kamalaraj Chetty, Vs. Smt. Ananthalaksh ...

Court : Karnataka

Subject : Tenancy

Acts : Karnataka Rent Act, 1999 - Sections 3, 4(1), 5, 5(1), 21 to 46, 61, 70(2) and 70(3); Karnataka Rent Control Act, 1961 - Sections 19, 21 and 21(1); Mysore General Clauses Act, 1899 - Sections 6; Karnataka Sales Tax Act - Sections 15 and 15(2A); Poor Removal Act, 1846 - Sections 2; Income Tax Act, 1922; Finance Act, 1950 - Sections 2, 3 and 4A; Bombay Police Act, 1951 - Sections 57; Land Acquisition Act, 1894 - Sections 23(1A); Land Acquisition (Amendment) Act, 1984 - Sections 30(1); Defective Premises Act, 1972 - Sections 1(1); Punjab Security of Land Tenures Act, 1953 - Sections 9 and 14A; Indian Easements Act, 1882 - Sections 52; Constitution of India - Article 20; Indian Penal Code

Reported in : 2009(3)KarLJ386; 2009(1)KCCR551; 2009(2)AIRKarR214; AIR2009NOC1286

but does not include any person to whom a licence as defined in Section 52 of the Indian Easements Act, 1882 (Central Act 5 of 1882) has been grunted;The 1999 Act recognises the limited inheritability of tenancy in terms … Rent Act does not provide for eviction of a tenant. As a matter of fact, Sections 21 to 46 under Chapter-VI deals regarding regulation of eviction. Section 21 of the New Rent Act provides protection to the

V.G.K. Design and Development Engg. (Pvt.) Ltd. Represented by Its Dir ...

Court : Karnataka

Subject : TenancyProperty

Acts : Karnataka Rent Act, 1999 - Sections 2, 2(3), 3, 6, 7, 9 and 27 to 46; Transfer of Property Act - Sections 106; Indian Easements Act, 1882 - Sections 52; Companies Act

Reported in : ILR2007KAR5150; 2008(1)KarLJ305; 2008(1)KCCR322; AIR2008NOC739; 2008(1)AIRKarR564; 2008AIHC1417(Kar)(DB)

but does not include any person to whom a licence as defined in Section 52 of the Indian Easements Act, 1882 (Central Act 5 of 1882) has been granted;'12. A combined reading of applicability of provisions of Rent Act … decline to accept this contention of learned Counsel for the defendants for the following reasons.8. Section 27 to 46 in Chapter VI of the Rent Act deals with the regulation of eviction of tenant by the landlords.

Jhunka-bhakar Kendrachalak Sanghatna and ors. Vs. State of Maharashtra ...

Court : Mumbai

Subject : CommercialConstitution

Acts : Constitution of India - Articles 14, 16, 19(1), 19(2), 21, 41 and 226; Indian Easements Act, 1882 - Sections 16 and 60

Reported in : 2001(4)ALLMR164; 2002(1)BomCR246; (2002)1BOMLR560; 2002(1)MhLj89

having raised structures of a permanent nature, they have acquired easementary right under section 16 of the Indian Easements Act, 1882. In any event, the decision of the Government to terminate the Scheme was arbitrary and unreasonable - inasmuch … they had acquired easementary right under section 60 of the Indian Easements Act which rendered their licence irrevocable. 46. Mr. Nitin Pradhan, appearing on behalf of the petitioners in Writ Petition No. 3563 of 2000, placed reliance

G. Krishna Murthy Vs. Government of Andhra Pradesh Rep. by Its Princip ...

Court : Andhra Pradesh

Subject : Commercial

Acts : Andhra Pradesh Panchayat Raj Act, 1994 - Sections 2, 2(12), 2(37), 6, 7, 14, 25, 32, 45, 46, 60, 104, 127, 127(4) and 128; Andhra Pradesh Gram Panchayats Act, 1964; Transfer of Property Act, 1882 - Sections 105; Easements Act, 1882 - Sections 52; Bihar and Orissa Public Demands Recovery Act, 1914; Coal Bearing Areas (Acquisition and Development) Act, 1957; Mines and Minerals (Regulation and Development) Act, 1957; Coking Coal Mines (Nationalisation) Act, 1972; Constitution of India - Articles 36, 40 and 226; Constitution of India (73rd Amendment) Act, 1992

Reported in : 2008(4)ALD445; 2008(4)ALT287

is transferred for a specified period or in perpetuity. The word 'licence' is defined under Section 52 of the Easements Act, 1882. According to which, where one person grants to another or a definite number of other persons, a right … Gram Panchayat is also ordained to discharge various duties as listed in Section 45 of the Act and Section 46 of the Act confers powers on the Gram Panchayat to achieve the purposes for which it is constituted.

Rama Vs. Megha and ors.

Court : Rajasthan

Subject : Property

Acts : Easements Act, 1882 - Sections 13

Reported in : AIR2002Raj309; 2002(3)WLC466; 2002(4)WLN24

anything for the benefit of the dominant heritage. 9. In fact, under the provisions of Section 5 of the Easements Act, 1882 (hereinafter called 'the Act'), a person can claim a prescriptive easementary right of way (survient tenement) through the … justified. In fact, such a user would be a necessary commitment of the co-ownership's right. As Survey No. 46/5 is found to belonging jointly to the plaintiff with the appellant-defendant, he is entitled to pass through the

Abdul Rashid and ors. Vs. B. Braham Saran

Court : Allahabad

Subject : Property

Reported in : AIR1938All293

v. Kashi Ram (1892) 14 All. 185, where the Full Bench of five Judges applied the law before the Easements Act came into force in these provinces. The Easements Act is of 1882 but it was applied to the … land against other land of his own. This principle is also followed in the Easements Act as in Section 46 it is provided:An easement is extinguished when the same person becomes entitled to the absolute ownership of the

V.N. Chandravadivelu Chettiar Vs. V. Varadappa Chetty

Court : Chennai

Subject : PropertyCivil

Reported in : (1975)1MLJ401

the ground that there was an invasion of the plaintiff's easement is questioned. Section 33 of the Indian Easements Act, 1882, runs as follows:The owner of any interest in the dominant heritage or the occupier of such heritage may … discuss the position of law.6. The leading case on the point is Paul v. Robson I.L.R. (1915) Cal. 46. After discussing the case law on the subject, the Privy Council approved the test formulated by Lord Davey

Mr. T. Manoharan, vs Mr Babanna

Court : Karnataka

that the lessee gets that right to the exclusion of the lessor. Whereas S. 52 of the Indian Easements Act defines a licence thus: - 34 -"Where one person grants to another, or to a definite number of … the plaintiff’s possession was as a mere licencee. Therefore, as per Section 63 of the Indian- 57 -Easement Act, 1882, reasonable time was granted to the plaintiff to leave the premises and discussed what is due process of … Court has held that the plaintiff is in possession as a - 46 -licencee, therefore, being permissive possession. Therefore, by holding so, it is held

United News of India vs Union of India Through Land and Development Of ...

Court : Delhi

Subject : Land Acquisition

corresponding to their respective allotted area.vi. That it is submitted that as per Section 60 of the Indian Easements Act, 1882, a license can only be revoked by the grantor unless 1) the license is coupled with a transfer … also reiterated allegations regarding unauthorized and illegal construction being carried out by the PetitionerDigitally Signed W.P.(C) 5363/2023 Page 46 of 98and/or its successor-in-interest.46. In this backdrop, vide orders dated 11.07.2025 and 18.08.2025, thisCourt directed the Land and