Does a New Path Extinguish Old Right of Way Rights?

Servitude-Substitution of a new right of way for an old one-Non-notarial agreement-Benefit of possession of old route attaches to-new routs-Owner of the dominant tenement must be restricted to the new route. ... " Ordinance No. 7 of 1840 will not be in the way of such restriction, even if the user of the new line a a has not been long enough to give plaintiff a new #HL_STA....

The right of way now claimed is the old cartway with the difference caused by this deviation. ... Where a person acquired a right of way over another's land and a deviation of the route was effected by a mutual agreement, which was not notarially attested,- Held, that the servitude attached to the new route. ... When a new track is substituted for the old one, it seems incomplete to say that the change affects only the manne....

2024 0 Supreme(P&H) 1169

It has a non obstante clause saying that, notwithstanding the repeal of the Old Code, any appeal, application, trial, inquiry or investigation pending on the day the New Code came into force shall be disposed of and continued in accordance with the provisions of the Old Code as if the New Code had not ... (ii) The right of appeal is not a mere matter of procedure but is a substantive right. ... The new Laws will go a long #HL_START....

or give him any new right he never had ere then ? ... That was a question of right of way: An objection seems to have been taken that, the right of way not having been exercised for some time, the plaintiff was not in a position to sue because he was not in possession or quasi possession of the right. ... We do not know when Simon died, but his brothers Lewis and Jeeris must have been over 50 ye....

2024 0 Supreme(All) 1210

The foregoing discussion goes to show that the right of appeal is not a mere matter of procedure but is a substantive right. ... It was made clear that such appeals would not require to comply with the provisions as laid down under Section 173 of the New Act. 10. ... The question as to whether a right of an appeal under the Old Act survives even after it is repealed by a New Act, fell for consideration before the S....

2024 Supreme(JK) 261

It is also stated that the Patwari concerned is said to have reported a “Fardi Badr” alleging that the “Khoul” was recorded in old Survey number, which does not exist in the new Record of Rights. ... It is stated that the respondent No. 5, had already filed a suit in which he had raised the plea that there was a stream recorded in the old record in Survey No. 690, but the same does not figure in the new records. ... IX of 1995 for correction of the record and for possession of the #HL_....

2024 0 Supreme(SC) 813

In the present case, here, it is not a ‘clear admission’ as is being made out. ... tenant had died during the existence of old Act, five years shall be counted from the commencement of the new Act. ... It is not that a court cannot pass a judgment on the basis of an admission made in some other case. ... Law appears to be settled that provisions of a new statute which touch a right in existence at the date it is enforced are not to ....

1998 0 Supreme(Ker) 649

It reads as follows: ... "The counter petitioner agreed to construct a new way in lieu of the old path and it appears to me as well as to the counter petitioner more convenient than the former. ... Since a new way has been constructed, the plaintiff is not entitled to get a decree of prohibitory injunction as prayed for. The second prayer is for a mandatory injunction directing the defendant to restore the B schedule way to its original position. ... The counter petit....

1998 0 Supreme(Ker) 17

Since a new way has been constructed, the plaintiff is not entitled to get a decree of prohibitory injunction as prayed for. ... It reads as follows : ... "The counter petitioner agreed to construct a new way in lieu of the old path and it appears to me as well as to the counter petitioner more convenient than the former. ... The counter petitioner is allowed to walk through the old path till the completion of the new one and thus the petition is dis....

1970 Supreme(Online)(Mad) 9

Legislature may well be that the old rights are to be determined by the old procedure, and that only the new rights under the substituted section are to be dealt with by the new procedure." ... The remedy does not alter the contract or the tort; it takes away no vested right, for the defaulter can have no vested right in a state of the law which left the injured party without, or with only a defective remedy xx xx (page 216). ... ... What I have stated above would sh....

2020 0 Supreme(Cal) 12

Now, if there is an arbitration agreement in the new contract and the dispute is that the new contract has not actually replaced the old contract, then, in the same way, the arbitration agreement in the new contract cannot govern that dispute. To say that the arbitration agreement would govern such a dispute would be to say that the arbitration agreement in the new contract can govern the dispute of whether the old contract has been replaced. And when the contract to which the arbitration agreement is attached is replaced by a new contract, the arbitration agreement cannot ....

2017 0 Supreme(Raj) 2642

Establishment of the new unit with new separate plant and machinery by investing substantial funds is essential. If the new unit has not derived any thing foom the old unit by way of equipment or by way of factory building and no assets of the old unit have been transferred to the new unit, the new unit had not been formed by reconstruction. AR in his written submission has rightly placed reliance on the followings decisions that the new undertaking is not a formed on reconstruction of the business already in the existence.

2016 0 Supreme(Ker) 342

Therefore if there is a will and intention for good governance, Panchayat can find out resources to locate suitable space for the purpose, which is also an inevitable requirement of the day. With the above observations, the writ petition is dismissed. There goes the old saying "if there is a will there is a way."

2012 0 Supreme(Ker) 280

Its provisions can apply when the exact way to be taken over the premises of the servient owner has not been ascertained. Whether the servient owner, when once the right of way has been defined, can substitute a new way is a question which does not seem to have been provided for by the Indian Easements Act ..... No doubt the general rule is that a right of way once defined cannot be altered ....... and the dominant owner is entitled to exercise his strict right unless he can be induced to consent to a deviation.." Coyajee, J., while concurring with the above stand of Macleo....

2006 0 Supreme(Raj) 2397

It was also pleaded that all verandas in Kishanpole Bazar, Jaipur City, is a public property. It was also pleaded that shops belong to Thakurji Shri Shyam Sunderji and deity cannot claim any right of pre-emption. It was also pleaded that pre-emption has been claimed on the basis of right of way and even if the roof used as way is assumed to be of plaintiff then also the right of way goes only up to the roof of veranda belonging to Sita Bai and not thereafter, therefore, there is a break in his right.