easement by prescription may be
classified under the head of implied grant for all
prescription presupposes a grant. All that is necessary
to create ... taken away by the very
same deed. In fact, there was implied grant of `B'
schedule property as pathway as can be inferred from
courts below have concurrently erred in
holding that easement by implied grant has not been proved by the
Appellant/Plaintiff by recording a finding which ... absence of any express grant of
easement does not negative an implied grant of such easement.
The Madras High Court further in the matter
reach the A schedule property. In view of the above
facts, implied grant cannot be inferred, when existence of any road at the
time ... original plaintiff (since deceased) would amply show that
there was an implied grant in favour of the original plaintiff
18/22
http://www.judis
Michael Varghese vs Honourable Shri Pinarayi Vijayan on 22 July, 2020
Equivalent citations: AIRONLINE 2020
jurisdiction, it has all the powers
expressly and impliedly granted. The implied grant is, of course, limited by the
express grant and, therefore
statement that "where an Act confers a jurisdiction, it
impliedly also grants the power of doing all such acts,
or employing such means ... such a power is
conferred on the Committee, there is an implied grant
of the power of doing all such acts which are
essentially necessary
jurisdiction, it
has all the powers expressly and impliedly granted. The implied grant is, of
course, limited by the express grant and, therefore ... Statutes (11th edn.) "where an Act confers a
jurisdiction, it impliedly also grants the power of doing all such acts, or
employing such means
Sri. B. Shankaranarayana Bhat vs Sri. B. Subramanya Bhat on 23 July, 2020
Equivalent citations
grant itself ineffective.
Thus where an Act confers jurisdiction it impliedly also
grants the power of doing all such acts or employ such means ... this Court
held that the income tax appellate tribunal has implied
powers to grant stay, although no such power has been
expressly granted
Income
Tax Act 1961] confers appellate jurisdiction, it impliedly grants
the power of doing all such acts, or employing such means, as
are essentially necessary ... wide-ranging discretion has been vested with the
appellate authority necessarily implies that the exercise of this power has to
be based on a case
