easement by grant does not get
extinguished under Section 41 of the Act which relates to
an easement of necessity. An easement of necessity ... same judgment that
under Section 47 of the Easements Act, a discontinuous easement like a
right of way is extinguished only when for an unbroken
with
reference to Sections 13 and 41 of the Indian Easements Act in case of an
easement by grant. Relevant observations are in paras ... easement by grant does not get extinguished under Section 41 of
the Act which relates to an easement of necessity. An easement of
necessity
judgment.doc
22 of the Indian Easements Act, 1882 (for short 'the Easements Act ')
and the case of the plaintiffs as to existence ... prima
facie case for the simple reason that the easement can not
be acquired in contravention of provisions of the Indian
Easement Act
make out a case of easement by necessity and quasi
easement as provided under section 13 of Indian Easements Act ... case of
easement by necessity sans any pleadings.
9. We now come to easement by prescription under section 15 of Indian
Easements Act
case
which fell under Section 13 of the Indian Easements Act,
1882 which deals with ‘easements of necessity’. It is true
that the respondent ... Indian Easements
Act, 1882 is not made out. Easement is a right. It may
fall under any of the different kinds of easements but
short
Sandeep Jindal vs State Bank Of India on 8 April, 2021
NATIONAL COMPANY LAW APPELLATE
been defined under the Income Tax Act, 1961 , the definition of "license"
under the Indian Easements Act, 1882 , has to be looked into ... examine the facts of the
present case, vis-a-vis, the definition of license under the Indian Easements Act, 1882 , it would
be clear that
Indian Easements Act, 1882, which defines 'license', as opposed to
Section 105 of the Transfer of Property Act (T. P. Act), which defines ... Act, 'License' is defined in
Section 52 of the Indian Easements Act. After observing that if a
document gives only a right
easement under
Section 18 of the Indian Easements Act, 1882, or profits a prendre under common law,
and relied on the decision in the case ... fact recognized in Section 18 of the Indian
Easements Act, 1882 which deals with customary easements.
v. The NGT, in paragraph 53, accepted that
easement by grant does not get extinguished under Section 41 of
the Act which relates to an easement of necessity. An easement of necessity ... Easements Act as no such distinction is made in Ss. 4 and 12 of the Act, that
it is under S. 12 that an easement
