Property Access Rights: Interference Causing Hardship

High Court Malaya Kuala Lumpur

Only injunctive relief provides effective protection. (d) The Plaintiffs have substantial assets within Malaysia, including MMSB shareholdings, bank accounts, and personal property. This element is easily satisfied. ... [4] The Plaintiffs may withdraw RM1,000.00 per person per week for daily expenses, RM5,000.00 monthly for legal fees, and other reasonable amounts approved by this court, with supporting documents. ... Pro....

2025 0 Supreme(Kar) 607

No substantial questions of law would arise for consideration warranting interference with the judgment and decree passed by the Trial Court and confirmed by the First Appellate Court. ... No.3 causing hardship and prejudice to the enjoyment of the property by plaintiff Nos.1 to 3. ... However, the Trial Court and the First Appellate Court have found that the defendant Nos.1 to 4 have no access to the sai....

2024 0 Supreme(Guj) 1951

It is further submitted that learned Courts below failed to consider this legal issue and also committed serious error while not discussing the issue of greater hardship in the concurrent findings. ... to all the circumstances of the case including the question whether other reasonable accommodation is available for the landlord or the tenant greater hardship would be caused by passing the decree than by refusing to pass i....

2024 Supreme(SRI)(CA) 390

Since acquiring the property, he asserts that he has used this road continuously without interference, in accordance with his legal rights. ... He argues that the issues raised pertain primarily to property and access rights, making this matter one of private dispute rather than a question of public duty warranting mandamus relief. ... The cumulative impact of these actions has led to a ....

2025 Supreme(Online)(P&H) 5831

It has been further contended that the learned First Appellate Court has rightly exercised the jurisdiction vested in it and has neither committed any illegality, irregularity, nor perversity warranting interference by this Court in its revisional/supervisory jurisdiction. ... the property; (c) commit the same to the possession, custody or management of the receiver; and (d) confer upon the receiver all such powers, as to bringing and defen....

2025 Supreme(Online)(Kar) 21002

The present appeal arises under peculiar facts and circumstances involving a claim for protection of an easementary right of access over an existing road which, according to the appellant, is a sole means of ingress and egress to his land locked property. ... This Court also finds that, the obstruction of the road by respondents, if permitted to continue, would result in grave hardship not only to the appellant but, to the....

This presents significant challenges for the Defendant’s statutory duty to manage the apartments and creates unfairness towards other unit owners who pay their fees on time. ... card application has violated the Plaintiffs’ constitutional rights to life and property and has interfered their quiet enjoyment and denying the Plaintiffs, their tenants or occupants access and use of the lifts to their respective units. ... [c]....

High Court Malaya Kuala Lumpur

[90] Financial Hardship for the Respondent — A lump sum payment may place significant financial strain on the paying parent, particularly if they do not have immediate access to such a large amount. ... [112] In my view, the Respondent's request for such access was reasonable and fair. Conclusion ... This measured approach would prevent undue hardship for either Party and would maintai....

High Court Malaya Kuala Lumpur

[90] Financial Hardship for the Respondent — A lump sum payment may place significant financial strain on the paying parent, particularly if they do not have immediate access ... [112] In my view, the Respondent's request for such access was reasonable and fair. Conclusion ... protection in this evolving field. ... This measured approach would prevent undue hardship ....

2025 Supreme(Online)(Ori) 369

The petitioner has now found themselves in a position where they are unable to use the property for its intended commercial purpose, leading to significant financial hardship. ... They must either provide road access within a reasonable timeframe or refund the entire bid amount with applicable commercial interest. ... (ix) The Petitioner submitted that the failure of the Bank to deliver possession of the....

2014 0 Supreme(Ker) 107

Sentences imposed by the trial court are found to be reasonable and proper, warranting no interference. Convictions of appellant under Sections 323 and 427 I.P.C are confirmed. Therefore, the sentences under those heads are hereby confirmed.

2012 0 Supreme(Jhk) 870

This methodology will be useful for early payment of pension or family This creates lot of hardship to the retired employees or to their legal heirs in getting pension or family pension. Due to loss of service book, sometimes their family members are even not getting family pension, upon death of the employee. If such type of certified copies of service book is given at the end of every financial year, easily, the employee or their relatives can be called upon to supply such ....

2012 0 Supreme(All) 1062

Since there was a difference of opinion between the Directors, veto power was exercised by Chairman (respondent no. 2) and as a result thereof, petitioner's appeal was decided in negative. The proceedings conducted by Board of Directors are also correct, just and in accordance with law. There is no legal or otherwise error warranting interference.

2012 0 Supreme(Mad) 927

In our considered view, there is no improper exercise of discretion to entertain this appeal. It cannot be said that the impugned order has caused undue hardship to the appellant warranting interference with the order.

2012 0 Supreme(Mad) 12

The conventional damages awarded is also quite reasonable warranting no interference. In so far as conventional damages, Tribunal has awarded Rs.10,000/- for loss of life, Rs.5,000/- for transport expenses and Rs.5,000/- for funeral expenses.