SCALE (1)700
CITATOR INFO :
R 1988 SC1845 (22)
ACT:
Indian Easement Act, 1882 :
Section 52 , 60 , 62 , 63 and 64 License grant of--Express ... cense was irrevocable under Section 60(b) of the Indian
Easements Act 1882 and as the donor himself had no power
benefit of the
provisions of Section 60(b) of the Indian Easement Act, 1882
(hereinafter called the ` Easement Act ') holding the licence ... nature and therefore the protection under Section 60(b) of
the Easement Act was available to him and he could not be
evicted from
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 ... PSCC Act:
17. The PSCC Act came into force on 01.07.1882. In that year, the
Transfer of Property Act as well as the Easements Act
amendments to PSCC Act as also the Rent Act and more particularly the amendments by which Chapter VII of PSCC Act was substituted for original ... Section 5(4A) of the Rent Act. He submitted that the Rent Act and PSCC Act are cognate pari materia statutes and, therefore, the expression
proving the enjoyment of that right as an easement under Section15 of the Indian Easements Act. To prove that the right was. exercised ... meaning of the words " as an easement" in Section 15 of the Indian Easements Act. That attitude of the dominant owner must involve
called an easement by statutory prescription is claimed by a plaintiff, is whether under Section 15 of the Easements Act (which applies to the Madras ... that Acts 2 and 3 of William IV, known as the English Prescription Act and Lord Tenterden's Act, were passed. In Arzan
perfectly clear from the definition of an easement in Section 4 of the Easements Act that no man can acquire an easement in land which ... Easements Act to prescribe for an easement with a certain animus or not ? The part of the Easements Act which will have to be considered
enjoyment of a property. Regarding claims based on easements, Section 35 of the Indian Easements Act provides that subject to the provisions of the Specific ... disturb the easement, and injunction can be granted to restrain the disturbance. Section 35 of the Easements Act covers both the situations, one, where there
easements and the
remedies in case of interference or disturbance with easements are governed
by the provisions of the Indian Easements Act, 1882 . Easement Act ... which easements are acquired or imposed, that is,
namely easements by grant, easements of necessity, easements by
prescription and customary easements. Acquisition of an easementary
valuation of the Suit.
CONCEPT OF LICENCE
8. The Indian Easements Act, 1882 was brought into force from ... 17th February 1882. This Act deals with easements and licence. Section 52 of the Indian Easements Act, 1882 defines the expression "licence