down in Wood v. Leabitter. and therefore in the
cases to which the Indian Easements Act applies it may not be possible ... irrevocable by operation of law, that is the Easement Act . But
apart from the Easement Act , there is the law of contract, and if
parties
contemporaneous
statute, i.e. Easements Act, the Transfer of Property Act and Section 41 of
PSCC Act. In support of that principle, learned senior counsel ... dealt with by contemporary statutes - Indian Easement Act, Transfer of
Property Act and Section 41 of the PSCC Act and, as already indicated, all
those
Limitation Act reads as follows:
29. Savings.
(1) Nothing in this Act shall affect section 25 of the Indian
Contract Act ... shall not apply to cases arising in the territories to
RFA (OS) 18/2007 Page 13
which the Indian Easements Act
Cause Courts Act, 1882 (for the
sake of brevity hereinafter called as "the Small Cause Courts Act "),
the Bombay Rent Act ... Easements Act." We
notice that this observation is directly contrary to the
view of the Supreme Court in Brig. Sukhjit Singh 's case
Limitation Act reads as follows:
"29. Savings. -
(1) Nothing in this Act, shall affect section
25 of the Indian Contract Act ... easement" in section 2 shall not apply to
cases arising in the territories to which the
Indian Easements Act
definition of license as envisaged under Section 52 of
the Indian Easement Act, 1882, it can be inferred that the license means grant ... present case, the plaintiff has claimed its license to be an
irrevocable license by virtue of Section 60 of the Indian Easement Act
easement of
right over that pathway can never be considered as
lawful acts done in exercise of his rights of
easement, but, only illegal acts ... whether such acts could be treated as
acts done for maintenance of the pathway in
exercise of the right of easement claimed, are all
matters
appellants, that it is a case of irrevocable licence covered by
Section 60(b) of the Easements Act, 1882. He has invited my
attention ... irrevocable under Section 60(b) of the Indian Easements Act
and the defendant has acted on the basis of the licence, the facts
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Indian Easements Act, 1882 (hereinafter 'the Act of 1882') would be in place. Section 52 of the Act of 1882 defines licence ... lease or an interest in a property or an easement. Section 60 of the Act of 1882 provides that a licence can be revoked
Indian Easements Act, 1882 (hereinafter 'the Act of 1882') would be in place. Section 52 of the Act of 1882 defines licence ... lease or an interest in a property or an easement. Section 60 of the Act of 1882 provides that a licence can be revoked
