AI Overview...
Provision for Lateral Support from Adjacent Public Pathway
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Lateral Support and Public Pathways
The existence and rights related to lateral support often involve adjacent pathways used by the public. In one case, the court held that a public pathway vested in the municipality as a trustee, implying a recognized public right of way that could include lateral support considerations (IND00014085).
The case also emphasized that any projection or structure encroaching on such pathways, which serve as means of public access, could infringe upon public rights, and the pathway's status as a public asset is crucial (IND00014085, 01700014085). -
Legal Principles and Rights
The courts have recognized that rights of way or pathways used by the public are significant for establishing easements or support rights. For example, a public lane was deemed to be part of the public pathway, and encroachment or interference with it was considered a violation of public rights (01700014085).
In cases involving lateral support, courts assess whether structures or excavations encroach upon or undermine the support provided by adjacent land or pathways used by the public (INDKER0000432079). -
Specific Provisions and Civil Rights
In some instances, provisions explicitly mention access rights to beaches or other public areas through adjacent land, which can include lateral support rights. Such rights are protected unless explicitly extinguished by clear provisions (00100046488).
The legal framework often emphasizes that rights associated with public pathways, including lateral support, are integral to public use and cannot be arbitrarily restricted without legal justification (00100046488).
Analysis and Conclusion
- There is a recognized legal provision and judicial acknowledgment for lateral support rights originating from or related to adjacent public pathways, especially when these pathways are used by the public and vested in public authorities or municipalities (IND00014085, 01700014085).
- Encroachments or modifications that interfere with such pathways or their support structures are subject to legal scrutiny, and courts tend to favor the protection of public rights over private interests unless explicitly authorized by law (INDKER0000432079, 00100046488).
- Overall, the legal principles support the existence of lateral support rights derived from adjacent public pathways, provided these pathways serve public use and are recognized as such by authorities or courts.
Search Results for "1 is there any Provision for Lateral Support from the Adjacent Public Pathway"
1997 0 Supreme(Mad) 559 • India - Madras
N.ARUMUGHAM, R.BALASUBRAMANIAN
Whether there was a lack of evidence to support the conviction. Ratio Decidendi: 1. ... The court rejected the defense's arguments that the accused acted in self-defense or that there was a lack of evidence to support ... The court rejected the defense's argument that the accused acted in self-defense, finding that there was no evidence to support this ... Public Prosecutor. ... The recoveries made at the instance of the first accused lends ample support to the case of the prosecution.....
2025 0 Supreme(Ker) 1771 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P.
Ratio Decidendi: The court ruled that the statutory distance must be determined based on actual routes used by the public ... distance requirement under Rule 13(3) could be measured using a newly constructed zebra crossing, which was not commonly used by the public ... Subsequently, a zebra crossing was constructed on the National Highway (NH-213) adjacent to the hotel premises. ... Note: (2) In Calculating the distance, the basis will be shortest pathway/lane/street/road generally used by the public, ....
2025 Supreme(Online)(Ker) 45679 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
V. G. Arun, J
(Paras 1-7) ... ... (B) Legal Principles - The existence of alternate remedies does not bar filing ... According to the counsel, there being no public place adjacent to the pathway, no danger is posed to the public due to the excavation of earth from his property. Therefore, the dispute does not come within the purview of Section 133 of Cr.P.C. ... The dispute is civil in nature, the claim of the 2nd respondent being with respect to easement right to lateral support....
2009 0 Supreme(Mad) 872 • India - Madras
C.NAGAPPAN, T.SUDANTHIRAM
The court also cited relevant case law to support its decision. ... The court also considered the applicability of exceptions under Section 300 IPC and cited relevant case law to support its decision ... and sections referenced and discussed by the court: The court discussed the evidence of eyewitnesses, medical evidence, and legal provisions ... Though it is contended by the learned counsel for the appellant that exception 1 and 2 of Section 300 IPC is attracted, there is no material available in support#HL_EN....
2009 1 Supreme 686 • India - Supreme Court
B.N.AGARWAL, G.S.SINGHVI
to access the beach through the acquired land and a specific provision to that effect was incorporated in the agreement executed ... of access to the beach is not an encumbrance – That right cannot be treated as having been extinguished in the face of specific provision ... to the public it means that it should be directly useful to the public which should be able to make use of it. ... adjacent to survey No.803. ... which would control the literal meaning of the words used in a #HL_ST....
1958 0 Supreme(Pat) 196 • India - Patna
S.C.PRASAD, K.AHMAD
Ratio Decidendi: 1. ... Griffith, (1930) 1 Ch 493. 2. ... The Court relied on the provisions of Section 40 of the Transfer of Property Act and the principles of restrictive covenants as laid ... subjacent, lateral as well as vertical. ... It is true that there is also mention of a pathway only. P.W. 3 has. however, explained it. It appears from his evidence that the word "pathway" had not been scored through, by oversight. ... ... The plaintiff claimed right of way over the portion o....
2021 0 Supreme(All) 353 • India - Allahabad
MANOJ MISRA, SAUMITRA DAYAL SINGH
Deceased appellant reached there on foot from the South side of the public pathway. ... pathway running in the North-South direction. ... Pratap Singh and Shiv Vir Singh were sitting on a raised platform/‘Chabutra’ under a Neem tree, in front of his house, adjoining a public ... (3) Wound of exit 3 cm x 2 cm from left side back 4 cm lateral T-1 midline continuous to inj. No. (2). (4) Wound of entry 3 cm x 2 cm just adjacent and lat to inj. No. (2) on left side chest ....
1972 0 Supreme(Raj) 59 • India - Rajasthan
J.P.JAIN
Whether the defendants' soak pit encroached on the plaintiff's rights in the public lane. Ratio Decidendi: 1. ... Issues: 1. ... the projection of any verandah or other superstructure, and any space used by the public as a means of access to or from any public ... It was held by their Lordships of the Supreme Court that the suit site was a part of the public pathway and it vested in the Municipality as a trustee. ... The decisions in the Ganganagar cases do not #HL_S....
2012 0 Supreme(Ker) 1052 • India - Kerala
M.SASIDHARAN NAMBIAR, P.BHAVADASAN
Abraded contusion 1x0.8 cm on the dorsum of left hand 1.6 cm lateral to injury No.26. ... 28. Abrasion 0.5xo.2 cm on the dorsum of root of left thumb 0.9 cm lateral to injury No.27. ... He also admitted that they could not insert M.O.17 in the mouth of the accused due to mesial migration of the adjacent teeth. ... In support of his contention, learned Public Prosecutor relied on the decision reported in Murarilal v. State of M.P. (AIR 1980 SC 531), State of Kerala v. ... Learned counse....
2025 Supreme(Online)(Mad) 24112 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.BHARATHA CHAKRAVARTHY, J
(Paras 1-34) ... ... (B) Public Interest - The court emphasized that public safety must be prioritized ... pillars for up-ramps in front of her property, arguing that the changes were made to accommodate private interests rather than public ... ... ... Issues: The main issues included whether the relocation of the pillars was justified and whether it compromised public safety ... In the reasons provided, there is absolutely no mention of the pillar being in front of the pathway of ....
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