Indian Easement Act, 1882 and/or Section
60 of the Indian Easement Act, 1882 in view of the provisions of the
Government Grants Act ... laws of licence and the Indian
Easement Act, 1882 is applicable in the instant case. The said
learned Senior Advocate for the defendant/respondent
submitted
remanding the case.
The word "easement" in Section 4 means
perfected easement. To construe the expression
"as an easement" occurring ... satisfy the ingredients of
Section 15 of the Easements Act, he cannot be declined relief in
case where the claimant is able to prove
Section 60(b) of the Indian Easements
Act, 1882, is unsustainable. It is submitted that the case of the respondent
is that he has undertaken ... provisions
of Section 60(b) of the Indian Easements Act, 1882 as it is the case of the
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view of section 60 (b) of the Indian
Easements Act, 1882 (for short ' Easements Act '). This is also a
substantial defence ... section 60(b) of the Easements Act and considered the decision of the
Kerala High Court in case of Geetha Varma Vs. U.K.Amminikutty
generally for
any class of cases or specially in particular case.
(2) Whenever under any provision of this Act the
Commissioner is authorised to agree ... Corporation
Act provides is about arbitration in cases of compensation etc. thus,
even assuming section 387 of the Corporation Act would be
applicable
were not followed. It is an
admitted case of the parties that no doubt the Indian Easements Act, 1882 is
not extended to the State
that although the
Indian Easement Act, 1882 did not apply to Bengal, these decisions held that the
principles of the Act were applicable here ... Chowdhury tried to argue that in all cases a right of easement did not
arise out of dominant and servient tenements. When a person
case of defendant no.2 that the license was irrevocable under Section 60 of
the Indian Easement Act, 1882 since Late Shri B.N. Khanna ... invite protection under Section 60 of the Indian Easements Act, 1882. It is
not her case that her father was a licensee in the suit
easement" in Section 2 shall not apply to cases
arising in the territories to which the Indian
Easements Act , may for the time being ... Limitation Act ( Section 29(2) ),"
which would exclude application of the Limitation Act itself. Those
stipulations under the 1972 Act are under a special
terms of the Indian Contract Act and not through
the provisions contained in the Indian Easements Act, 1982 .
The argument in short is that ... case that the case in hand will fall in
any of these two situations mentioned in Section 60 of the
Indian Easements Act. It seems
