Duration Exists as long as necessity persists
Legal Character Based on implied grant or consent, not hostility
Claims are mutually exclusive, cannot exist
Coexistence together ... starts only after necessity ceases and adverse
enjoyment begins.
Permission or implied grant under necessity negates hostile
use needed for prescription.
Easement by necessity
have established their
property, especially when the plaintiffs have
established their implied grant in relation to suit
passage as an access to their property ... lands and even in the absence of
specific plea as regards implied grant of easementary right, the lower
appellate Court, on consideration of peculiar circumstances
grant by the owner of a tenement of part of that tenement, a
grant is implied of all those easements without which the enjoyment ... derogate
from his own grant and that a grant is always construed strictly against
the grantor. Easements of necessity are implied also in favour
Represented By Location Head vs State Of Tamil Nadu on 10 September, 2025
2025:MHC
Indian partnership Act, 1932, does not grant implied authority to
a partner to refer business disputes to arbitration without express
consent from other partners
State
Instrumentality. Petitioner-Bank has a pension scheme and
regualrisation would imply grant of pensionary benefits. Therefore,
the scheme for conferment of benefit of permanency
State
Instrumentality. Petitioner-Bank has a pension scheme and
regualrisation would imply grant of pensionary benefits. Therefore,
the scheme for conferment of benefit of permanency
have been waived by the State and there is
an implied grant of permission by the trial court. In support of his
contention, he relied ... decision in Pioneer Builders, A.P. (supra) and thereafter held
that the grant of interim relief without issuance of notice under Section 80 or
without
fixation of pay in the applicable pay scale from date of
grant of work charge status from due date [01.01.2003]
with annual increments till ... benefits"; and secondly, the mandate
.
of "notional benefits" implies grant of pay fixation
in the applicable pay scale from the due date
have been waived by the State and there is
an implied grant of permission by the trial court. In support of his
contention, he relied ... decision in Pioneer Builders, A.P. (supra) and thereafter held
that the grant of interim relief without issuance of notice under Section 80 or
without
