case (supra) and/or a similar provision in the Punjab Act was upheld by the Supreme Court in Bhau Ram's case (supra ... property endangers the easementary right. Chapter V of the Indian Easements Act enumerates various cases of extinction of easementary right. Mere sale of adjoining property
observations, though the intention it the legislature is quite apparent in this case. The real intention of the legislature was certainly to prevent encroachments ... most important, & if it is found that any provision of the Act violates the fundamental rights guaranteed by the Constitution, then that provision
party walls as part of the law of easements because in such cases, cross-easements in favour of each other arise.
15. In the decision ... property endangers the easementary right. Chapter V of the Indian Easements Act enumerates various cases of extinction of easementary right. Mere sale of adjoining property
except in certain
circumstances that are expressly provided for in the Easements
Act, 1882 ."
30. In Corporation of Calicut v. K Sreenivasan ... tests of irrevocability established
by the cases and referred to above, or by the Indian Easements
Act will, however, give way to the special agreement
Indian Easements Act, which provide that a licence may not be revoked if the licensee, acting upon the licence, has executed work of a permanent ... Indian Easements Act.
29. Mr. Dalal then contended that section 116 of the Evidence Act required that the petitioner could not be permitted to deny
Section 15 of the Easement Act which prescribed the period of 60 years for the acquisition of rights of easement against the State as against ... acquisition under the Land Acquisition Act .
12. In support of his contention that Section 15 of the Indian Easements Act had become unconstitutional
Easement Act, the Municipal Board is disabled
from evicting them from the subject shops on the first floor.
Section 60 of the Easement Act would ... apply only in cases
where a license is granted in accordance with law. The said
provision has no application where the very grant
facts and circumstances of the case, not permissible. A
Court of equity, it should be remembered, must so act as to prevent
perpetration ... provisions of Section 60 (b) of the Easements Act, could be attracted
in a given case in the State of Assam where the Easements Act
contention raised in the petition in
light of Section 60 of Easement Act, Mr. Raju, learned Sr. Counsel
submitted, without prejudice to the contention that ... Easement Act and to support his objection, learned Sr. Counsel for the
respondent relied on the decision in case of Mumbai International
Airport Private Limited
Indian Easement Act , the petitioner is entitled to a reasonable
period of time after the license is validly terminated. In the case hand,
learned counsel ... facts of the
present case. The arguments advanced with reference to Sections 61 and 62 of
Indian Easement Act, merits no consideration in the light
