Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
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No sources define or connect TERA FEMA to easement (property right/use); FEMA consistently means Foreign Exchange Management Act, 1999 (civil replacement for FERA); TERA appears only as place name or film title fragment, unrelated to FEMA or easement law. Irrelevant snippets (e.g., consumer film defect, oaths/Customs) do not address query ["First Global Stockbroking Pvt. Ltd. VS Anil Rishiraj - Supreme Court"] ["N. DEEPAK VS AD LABS FILMS PVT. LTD. - Consumer"] ["RAJ KUMAR SHIVHARE vs ASST.DIR.DIRECTORATE OF ENFORT. - Supreme Court"] ["P. Giribabu & Another VS The Deputy Director of Enforcement, Directorate of Enforcement, Chennai - Madras"].```
Imagine owning a piece of land that's completely cut off—no road, no path, just water or open sky separating it from the world. Can you claim a right of way over your neighbor's property? In Indian law, the answer hinges on a key Latin term: terra firma. But what does TERA FEMA MEANING IN EASEMENT really refer to? It's likely a query about terra firma, meaning solid, walkable land in the context of easements of necessity. This concept is crucial for property owners facing access issues after land severance.
In this post, we'll break down its legal significance, drawing from key judicial interpretations and related principles. Note: This is general information based on legal precedents and not specific legal advice. Consult a qualified lawyer for your situation.
Terra firma translates to solid earth or dry land—the ground you can tread with feet firmly planted. In easement law under the Indian Easements Act, 1882, it distinguishes land-based access from impractical alternatives like water or air travel. Courts have emphasized that easements of necessity require access through terra firma only. As one ruling clarifies: The Easements Act contemplates access through terra firma, only where one must be able to tread with one's feet firmly planted on the earth, and not through water or air (by helicopter or balloon). Chellappan Pillai VS Andi Damodaran - 1991 0 Supreme(Ker) 190
This definition roots in the idea that true necessity demands practical, everyday access. Without it, a property becomes unusable, triggering implied easement rights.
Easements of necessity arise when a single plot (tenement) is divided, leaving one part without access to a public road. The law implies a right of way over the retained portion to restore access. Key points include:
These elements ensure terra firma access is the benchmark, protecting landowners from isolation.
The primary precedent solidifies terra firma's role in rejecting non-land routes, affirming passage over severed land. This aligns with broader easement doctrines where rights are limited to what's indispensable. Chellappan Pillai VS Andi Damodaran - 1991 0 Supreme(Ker) 190
Related cases expand this context:
These rulings reinforce that terra firma access is foundational, often analyzed via documents like conveyances or prior grants.
Under the Indian Easements Act:
In land acquisition contexts, interests like easements must be notified: Persons with easement affecting the land qualify for objections under the Right to Fair Compensation Act, 2013. Ugar Sugar Works Limited, A Public Limited Company Registered under Companies Act, 1956, Represented by its Managing Director VS State of Karnataka, Dept. of Irrigation, Vidhana Soudha, Dr. B. R. Ambedkar Veedhi, Bengaluru-560001 Rep. by its Secretary - 2023 Supreme(Kar) 2
Boundary disputes or unmeasured lands may bar certain suits, but necessity claims remain viable if filed timely. TEJ RAM VS PRATAP SINGH - 2007 Supreme(UK) 227
Civil suits for declaration and injunction on necessity easements proceed if statutory notices are met, rejecting plaints only on clear grounds. Goa Industrial Development Corporation VS Sadhana Builders Pvt. - 2014 Supreme(Bom) 1010
If facing access denial:
Courts prioritize statutory intent: solid earth access for usable property. Chellappan Pillai VS Andi Damodaran - 1991 0 Supreme(Ker) 190
Property disputes thrive on clarity—terra firma draws a firm line. For tailored advice, reach out to a legal professional versed in Indian property law.
References:1. Chellappan Pillai VS Andi Damodaran - 1991 0 Supreme(Ker) 190: Core source on terra firma definition and necessity ways.2. Govind Singh VS A. Khaja Mohiddin - 2013 Supreme(Mad) 2692, Neil J. Creado VS Shah Abbas Khan Alias Sanjay Khan - 2019 Supreme(Bom) 1593, Ugar Sugar Works Limited, A Public Limited Company Registered under Companies Act, 1956, Represented by its Managing Director VS State of Karnataka, Dept. of Irrigation, Vidhana Soudha, Dr. B. R. Ambedkar Veedhi, Bengaluru-560001 Rep. by its Secretary - 2023 Supreme(Kar) 2, Goa Industrial Development Corporation VS Sadhana Builders Pvt. - 2014 Supreme(Bom) 1010, TEJ RAM VS PRATAP SINGH - 2007 Supreme(UK) 227: Supporting easement contexts.
#TerraFirmaEasement #EasementNecessity #IndianPropertyLaw
A perusal of the provisions of FEMA shows that there is a difference between its scheme and the scheme of FERA. There are elaborate provisions for penalty under Chapter IV of FEMA, and the penal provision is confined to subsection (1C) of Section 13 of FEMA. ... The Foreign Exchange Management Act, 1999 (for short, ‘FEMA’) was brought into force with effect from 1st June 2000. By virtue of subsection (1) of Section 49 of FEMA, the Foreign Exchange Regulation Act, 1973 (for short, ‘FERA’) stood repealed.....
This is, therefore, a clear case of supply of defective goods within the meaning of Section 2(1) (f) of the Consumer Protection Act. ... The question to be considered is whether the Complainant is a consumer within the meaning of the Sec. 2 (1)(d)(i) of the Consumer Protection Act. ... 4. ... Kader, President—This is a complaint under Section 17 read with Section 12 of the Consumer Protection Act. of a Hindi Colour Film by name “Dil Tera Aashiq” from the Opposite Parties for a sum of Rs. 2,50,000/-. The film contained 18 rolls. ... The Co....
FEMA is a complete Code in itself. ... In Black's Law Dictionary the word `any' has been explained as having a `diversity of meaning' and may be "employed to indicate all and every as well as some or one and its meaning in a given Statute depends upon the context and subject matter of Statute". ... In view of this Court's jurisdiction under Article 136 of the Constitution, we give liberty to the appellant, if so advised, to file an appeal before an appropriate High Court within the meaning of Explanation to Section 35 of....
17.FEMA is a complete Code in itself. ... The aforesaid meaning given to the word ‘any’ has been accepted by this Court in Section 51 of Arbitration Act 1975, has been In Black’s Law Dictionary the word ‘any’ has been may be “employed to indicate all and every as well as some or one and its meaning
Procedural law is retrospective meaning thereby that it will apply even to acts or transactions under the repealed Act. 15. ... In other words, appeals against adjudication orders passed under FERA or FEMA after the commencement of FEMA, have to be filed before the appellate authorities constituted under FEMA within the period of limitation prescribed for filing appeals before the appellate authorities constituted under FEMA. ... The legislature further provides under Section 49(5)(b) of FEM....
Procedural law is retrospective meaning thereby that it will apply even to acts or transactions under the repealed Act. ... 15. Law on the subject has also been elaborately dealt with by this Court in various decisions and reference may be made to few of those decisions. ... In other words, appeals against adjudication orders passed under FERA or FEMA after the commencement of FEMA, have to be filed before the appellate authorities constituted under FEMA within the period of limitation prescribed for filing appeals befo....
It was submitted that the show cause notice dated 28th February 2002 was not proceedings within the meaning of Section 49(3) FEMA since it was issued by Shri A.K. Lawande, Deputy Director who was not the Adjudicating Officer within the meaning of Section 49(3) FEMA. ... Lawande to act as an Adjudicating Officer within the meaning of Section 49(3) FEMA had been provided. 11. ... As far as the contention that the notice dated 28th February 2002 issued by the DoE is not really a notice ....
It was submitted that the show cause notice dated 28th February 2002 was not proceedings within the meaning of Section 49(3) FEMA since it was issued by Shri A.K. Lawande, Deputy Director who was not the Adjudicating Officer within the meaning of Section 49(3) FEMA. ... Lawande to act as an Adjudicating Officer within the meaning of Section 49(3) FEMA had been provided. ... 11. ... As far as the contention that the notice dated 28th February 2002 issued by the DoE is not really a notic....
In terms of section 49 of FEMA, all actions under the repealed FERA would be deemed to have been taken under FEMA if not inconsistent with FEMA. ... Further, FEMA is a civil Act in nature. As such, there is no provision for launching the prosecution. Section 13 of FEMA provides for penalty upto three times the amount involved for contravention of the rules, regulations and directions under FEMA. ... It was replaced by the Foreign Exchange Management Act (in short ‘FEMA#HL_END....
Lawande to act as an Adjudicating Officer within the meaning of Section 49(3) FEMA had been provided. 11. ... It was submitted that the show cause notice dated 28th February 2002 was not proceedings within the meaning of Section 49(3) FEMA since it was issued by Shri A.K. ... Lawande, Deputy Director who was not the Adjudicating Officer within the meaning of Section 49(3) FEMA. It was submitted that no Notification prior to 31st May 2002 empowering Shri A.K. ... As far ....
(ii) the Scheduled Tribes and other traditional forest dwellers, who have lost any forest rights recognised under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007). (iii) a person interested in an easement affecting the land; (iv) persons having tenancy rights under the relevant State laws including sharecroppers by whatever name they may be called; and (v) any person whose primary source of livelihood is likely to be adversely affected."
Like wise in the case of easement, Gail on Easements (relied upon by the Khans) has defined an easement as a right over the land of another. The submission on behalf of the Creados that the easements, ways and passages mentioned in the said clause should be confined to those on plot No.2 cannot be accepted as they are followed by the words "appurtenaning to or with" the said premises can only refer to an area that is attached to something else as per the definition in Blacks Law Dictionary. Hence, the easements as well as appurtenances are in respect of a right over land be....
Respondent no.1 also obtained leave of the Court under section 80 of the CPC for dispensing with the mandatory notice. 2 seeking relief of declaration in respect of easement of necessity and easement by grant and also permanent injunction. 5. Left with no option, Respondent no.1 filed a civil suit against the petitioner and respondent no.
An easement benefiting a particular person and not a particular piece of land. An easement created by operation of law because the easement is indispensable to the reasonable use of nearby property, such as an easement connecting a parcel of land to a road.
As such, when the suit was filed the aforesaid provision was enforced to the villages, under litigation. (b) in respect of easement rights in unmeasured land.” (a) in respect of the traditional boundary of a village, or The suit for declaration and injunction is filed by the plaintiffs/appellants in the year 1966 i.e. before 1977, where after, aforesaid Act was repealed vide U.P. Act No. 08 of 1977.
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