AI Overview...
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Right of Maintenance - The concept involves the right of a party to continue existing or maintaining possession, often linked to property or legal rights. Courts exercise this right when parties invoke legal procedures, such as calling for records or exercising self-defence. For example, a court can exercise its authority to maintain order or uphold legal rights in criminal or civil matters LAXMAN SINGH VS JAI PARKASH - Delhi.
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Legal Remedies and Court Powers - Writs like certiorari are discretionary remedies used to curb excesses of jurisdiction by lower courts or authorities, emphasizing that such rights are not absolute but subject to judicial discretion Tarin Dakpe VS Election Commission of India and Ors. - Gauhati.
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Property Rights and Licenses - The distinction between a right of maintenance and other property interests is crucial. A right that does not amount to an easement or interest in property but allows control or retention is often classified as a license, which can be revoked at the owner's discretion. Maintenance agreements related to facilities like slaughterhouses or canals involve the owner’s discretion and contractual obligations, not permanent property rights [FRIGORIFICE ALLANA LTD
VS STATE -
Allahabad](https://supremetoday.ai/doc/judgement/02500040387), H. P. HOUSING BOARD Objector VS MADHO SINGH AHUJA - Himachal Pradesh.
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Administrative and Maintenance Responsibilities - Government bodies and departments are tasked with maintaining public assets like tanks, temples, or canals, often under specific circulars or circulars appointing nodal officers for upkeep. These duties include keeping gates locked, providing watchmen, and maintaining infrastructure, with the right to file reports or take action as necessary NATIONAL GREEN TRIBUNAL SOUTHERN ZONE VS THE PRINCIPAL SECRETARY TO GOVT. OF TAMILNADU DEPARTMENT OF HEALTH AND FAMILY WELFARE - National Green Tribunal, NATIONAL GREEN TRIBUNAL SOUTHERN ZONE VS THE ADDITIONAL CHIEF SECRETARY TO GOVT. OF TAMIL NADU TOURISM CULTURE AND RELIGIOUS ENDOWMENTS DEPARTMENT - National Green Tribunal.
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Judicial Limits and Rights - Courts must exercise their powers within legal boundaries, ensuring that rights such as property or monetary claims are properly adjudicated. The law emphasizes that courts should not unduly expand their authority beyond statutory limits, maintaining a balance between judicial intervention and legal boundaries SRI VIRA VIRADHI VIRA PRATAPA SRI RAGHUNADHA ANUNGA BHIMA DEO KESARI MAHARAZ, THE ZEMINDAR OF CHINNAKIMIDY VS SRI BROZO KISHORO PATTA DEO, BY HIS ADOPTIVE MOTHER AND GUARDIAN, SRI KUNDONO DEVI PATTA MAHADEVI, WIDOW OF SRI ADIKONDA DEO - Supreme Court.
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Environmental Rights and Sustainable Development - The right to maintain environmental quality, such as access to clean air and water, is protected under constitutional provisions (e.g., Article 21). Enforcement of environmental laws and principles like proportionality in sustainable development are essential to prevent pollution and protect natural resources, including efforts to rejuvenate rivers like Ganga SAMAYAK JAIN VS STATE OF MADHYA PRADESH - National Green Tribunal, SAMAYAK JAIN VS STATE OF MADHYA PRADESH - National Green Tribunal.
Analysis and Conclusion:
A Right of Maintenance encompasses legal and administrative duties to preserve property, infrastructure, or environmental rights. Courts and authorities exercise this right within legal limits, balancing individual rights with public and environmental interests. Maintenance rights can be contractual, statutory, or discretionary, depending on context, and are vital for ensuring ongoing protection and sustainability of assets and resources.
Search Results for "A Keep have a Right of Maintaince"
1984 0 Supreme(Del) 303 • India - Delhi
D.R.KHANNA
The tendency amongst the members of the public to keep away from being involved is witnesses in serious criminal matters, cannot ... Rather when a party moves the Court for exercise of such right, it is only invoking the Court to do so itself, and call for the record ... deceased-Testimony of two eye-witnesses rejected by the trial court as they were related to the deceased – Whether the trial court was right ... stretch be treated as exercising their right of self-defence. ... The Sections enable the Court to purne thro....
2015 0 Supreme(Gau) 1197 • India - Gauhati
RUMI KUMARI PHUKAN
for re-suspension of the present petitioner after several months of conclusion of election process, is bad in law and cannot be maintaine ... Now, the writ of certiorari is an extraordinary common law remedy and it is not a writ of right but one of discretion. The object of writ is to curb the excess of jurisdiction to keep the inferior Courts, Tribunals and other authorities, within their bounds.
2004 0 Supreme(All) 100 • India - Allahabad
T.GEORGE JOSEPH
which would, in the absence of such right, be unlawful, and such right does not amount to an easement or an interest in the property the right shall be called a license. ... If the owner of the facility wants to keep the discretion of the number of slaughter with himself, the transaction is less likely to be a lease. ... 18. ... ... (11) If the repair and maintance of the slaughterhouse was not satisfactory, the Corporation could get it done and the charges could be collected from the second party. .....
2001 0 Supreme(HP) 391 • India - Himachal Pradesh
K.C.SOOD
Rejecting the contention of the contractor, the High Court held that contract agreement did not provide for any payment whatsoever for the maintance of canal slopes consequent reduction in top width of banks. ... For that purpose, the Contractor has to keep such books of account and other documents as are necessary to show the amount of any increase claimed and shall produce for inspection of the duly authorized representative of the Board. ... The Apex Court in appeal held that the High Court was right in stating that the arbitrator acte....
• India - Allahabad High Court
The Forest Corporation shall (i) undertake such activity itself without Committee, which may enquire, or if it be maintaine
2021 Supreme(Online)(NGT) 926 • India - National Green Tribunal CHENNAI (SOUTHERN ZONE BENCH)
(h) To keep the gate under lock and key. (i) To provide watchman wherever necessary. 18. ... This respondent reserves his right to file additional report as and when necessary. For the foregoing submissions it is prayed that this Hon’ble Tribunal may kindly be accept this report filed for the Commissioner, H.R.&C.E. ... b) in the above said circular, the regional Joint Commissioners of this Department were already appointed as Nodal Officers for the up-keep and maintenance of the tank belonging to the temples. ... Commissioner is also d....
2021 Supreme(Online)(NGT) 1074 • India - National Green Tribunal CHENNAI (SOUTHERN ZONE BENCH)
(h) To keep the gate under lock and key. (i) To provide watchman wherever necessary. 18. ... This respondent reserves his right to file additional report as and when necessary. For the foregoing submissions it is prayed that this Hon’ble Tribunal may kindly be accept this report filed for the Commissioner, H.R.&C.E. ... b) in the above said circular, the regional Joint Commissioners of this Department were already appointed as Nodal Officers for the up-keep and maintenance of the tank belonging to the temples. ... Commissioner is also d....
1876 0 Supreme(SC) 7 • India - Supreme Court
SIR JAMES WILLIAM COLVILE, SIR MONTAGUE EDWARD SMITH, SIR BARNES PEACOCK
It seems, therefore, to be the duty of the Courts to keep the power strictly within the limits which the law has assigned to it; and the propositions of Mr. Justice Holloway appear to their Lordships calculated unduly to enlarge those limits. ... ... " The Plaintiff has no right or title to the money and jewels, or any part thereof claimed in his supplemental plaint." ... to re tain, by all me ans in his powe r, the ze mindary in his own line ; and would be unwilling to e xpos e the wife to whom he was attache d to the chance of falling from the rank whic....
• India - National Green Tribunal BHOPAL (CENTRAL ZONE BENCH)
Mr. Justice Sheo Kumar Singh
Dr. Afroz Ahmad
This indicates that while applying the concept of “sustainable development” one has to keep in mind the “principle of proportionality” based on the concept of balance. ... If the right to fresh air and water is not enforced, this will be contrary to the mandate of the Constitution and the environmental laws. ... Right to clean water is guaranteed under Article 21 of the 4 Constitution of India and the State is under a duty to prevent and control Order,2016‖ Ganga the said notification is to abate pollut....
2023 Supreme(Online)(NGT) 5020 • India - National Green Tribunal BHOPAL (CENTRAL ZONE BENCH)
If the right to fresh air and water is not enforced, this will be contrary to the mandate of the Constitution and the environmental laws. ... This indicates that while applying the concept of “sustainable development” one has to keep in mind the “principle of proportionality” based on the concept of balance. ... The object of the said notification is to abate pollution and rejuvenate river Ganga, maintaine-flow, restrict activities on the river banks and other allied issues. ... Right to clean water is guaranteed under A....
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