AI Overview...
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Easements and Supporting Rights - Easements can be acquired through various methods such as grant, necessity, or prescription. They may include lateral support, support for structures, or other rights related to land use. The nature and support for such easements depend on legal recognition and historical usage, with references to traditional doctrines and statutory provisions. The case of support for lateral support and supporting structures emphasizes the importance of legal rights in maintaining easements, especially in relation to land and structures on it SWAMI VASUDEVANAND SARASWATI DISCIPLE OF SWAMI SHANTANAND SARASWATI VS JAGAT GURU SHANKARCHARYA, JYOTISHPEETH PEETHADESHWAR SRI SWAMI SWAROOPANAND SARASWATI - Allahabad, The Secretary Of State For India In VS Kannepalli Janakiramayya And - Madras.
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Duty to Maintain Lateral Support - Landowners or occupiers have a duty to ensure lateral support for adjoining land or structures, which is often implied in property law. The absence of structural evidence or structural traces may weaken claims for support easements, but legal principles uphold the right to lateral support unless explicitly restricted or challenged by evidence. The doctrine recognizes the obligation of landowners to avoid damaging neighboring land or structures and to support them naturally or through legal easements The Secretary Of State For India In VS Kannepalli Janakiramayya And - Madras, M. Siddiq (D) Thr. Lrs. VS Mahant Suresh Das - Supreme Court.
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Legal Interpretation and Statutory Support - Courts tend to interpret statutes literally unless ambiguity necessitates broader interpretation. The rights associated with easements, including lateral support, are often supported by statutory provisions and judicial precedents that recognize and enforce such rights, provided they are established through proper evidence and legal procedures NEWTECH PROMOTERS AND DEVELOPERS PVT. LTD. VS STATE OF U. P. - Supreme Court, Natvarlal Amarshibhai Devani VS State Of Gujarat - Gujarat.
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Implications of Improper Tribunal Jurisdiction - In cases involving rights over land, tribunals must observe proper jurisdiction and procedural requirements. Incorrect constitution or procedural lapses can invalidate decisions related to land rights, including easements. Proper adjudication ensures that rights such as lateral support are protected within the legal framework Kalika Kaur Alias Kalika Singh VS State Of Bihar - Patna.
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Supporting Evidence and Disputes - Establishing easements, especially lateral support, relies heavily on evidence of long-standing use, legal grants, or necessity. Disputes often involve examining historical records, structural evidence, and witness testimony to support claims of support rights. When evidence is lacking or contested, courts scrutinize the nature of the claim and the legality of the support claimed M. Siddiq (D) Thr. Lrs. VS Mahant Suresh Das - Supreme Court, SWAMI VASUDEVANAND SARASWATI DISCIPLE OF SWAMI SHANTANAND SARASWATI VS JAGAT GURU SHANKARCHARYA, JYOTISHPEETH PEETHADESHWAR SRI SWAMI SWAROOPANAND SARASWATI - Allahabad.
Analysis and Conclusion
The duty to maintain easements of lateral support is rooted in property law principles that protect landowners' rights to support their structures and land. Such easements can be acquired through grants, prescription, or necessity, and their enforcement depends on proper evidence and legal procedures. Courts interpret relevant statutes literally, emphasizing the importance of clear evidence and adherence to procedural requirements. When disputes arise, the burden is on the claimant to prove the existence and extent of the easement, with structural and historical evidence playing a crucial role. Proper jurisdiction and adherence to legal standards are essential to uphold these rights effectively.
Search Results for "Duty to Maintian Easment Lateral Supporting"
1915 0 Supreme(Mad) 327 • India - Madras
OLDFIELD, S.AIYAR, BAKEWELL
provided by any law for the time being in force, subject always to all rights of way and other public rights and to the natural and easement ... The first case relied on as supporting a grant in 1803 is Ponnusawmi Tevar v. Collector of Madura 5 M.H. C. ... Rangachariar, as supporting the ownership by the riparian owner of half the bed adjacent to his holding, can be applied to India, where Government has special rights and as regards irrigation special functions. ... These arguments, however, are not relied on as supporting#HL_E....
2021 8 Supreme 15 • India - Supreme Court
UDAY UMESH LALIT, AJAY RASTOGI, ANIRUDDHA BOSE
(Paras 75, 79, 81, 82 and 86) (D) Interpretation of Statute – Rule of Literal Construction – When words of ... inquiry and find out a solution in substituting legislative wisdom which is always to be avoided – Court should read the section in literal ... Madhavi Divan, learned senior counsel for the respondents while supporting the findings recorded by the High Court in the impugned judgment submits that the Act provides distinct remedies, i.e., ‘return of amount/investment’ on the one hand and ‘compensation’ on the other, to be determine....
2020 0 Supreme(Mad) 415 • India - Madras
A.P.SAHI, SUBRAMONIUM PRASAD
A counter affidavit was filed on behalf of the Union of India supporting the impugned communications and raising objections to the very locus of the writ petitioner to maintain the writ petition and also contending that the writ petition would not be entertainable, inasmuch as this was not a justiciable ... The will, therefore, of the individual under the Constitution has been allowed to be expressed both to maintain the autonomous structure of the Government at the local level and also at the level of the Union. ... As John Foster said “....
2015 0 Supreme(SC) 1244 • India - Supreme Court
ANIL R.DAVE, DIPAK MISRA
We are of the opinion that the Sea Customs authorities are not a judicial tribunal and the adjudging of confiscation, increased rate of duty or penalty under the provisions of the Sea Customs Act do not constitute a judgment or order of a court or judicial tribunal necessary for the purpose of supporting ... to decide whether there is something implicit behind the words actually used which would control the literal meaning, of the words used in a provision of the statute. ... It may be a mortgage or a deed of trust or a lien of an #HL_STA....
2014 0 Supreme(AP) 512 • India - Andhra Pradesh
C.V.NAGARJUNA REDDY
1807, Munro stated that the ryotwari system is better adopted to preserve simplicity of manners and good order, because every ryot will, on his own estate, be a proprietor, farmer and labourer; because a great body of small proprietors instead of a few zamindars or mutthadars will be interested in supporting ... of his official duty, or by any other person in performance of a duty specially enjoined by the law of the country in which such book, register, or record or an electronic record is kept, is itself a relevant fact. ... If the #HL_....
2017 0 Supreme(All) 1195 • India - Allahabad
SUDHIR AGARWAL, K.J.THAKER
Who are the persons propounding and supporting a Will as against the person disputing Will and pleadings of parties would be relevant and of significance. ... In that meeting, members of Vidwatyaparishad present there, had resolved for supporting nomination of the plaintiff Swami Swaroopanand Sarswati as Jhotishapeethadhiswar. ... Easements can be acquired by different ways and are of different kinds, that is, easement by grant, easement of necessity, easement by prescription, etc. ... The pleadings nec....
2019 8 Supreme 1 • India - Supreme Court
RANJAN GOGOI, S. A. BOBDE, D. Y. CHANDRACHUD, ASHOK BHUSHAN, S. ABDUL NAZEER
lost grant is not based upon evidence of long use but for default of evidence – A person seeking to establish a claim to an easement ... wrong would arise – Without a wrong there cannot be a continuing wrong – A continuing wrong postulates a breach of a continuing duty ... pious purpose is protected and realised through actions of human agent, that is Shebait – Shebait is entrusted with power and duty ... There are no hook-shafts to bear and no structural trace to suggest any lateral thrust of the mihrab. It may be noted....
1989 0 Supreme(Pat) 353 • India - Patna
S.B.SINHA, PRABHA SHANKAR MISHRA, S.HODA
and other co llateral rights of different nature. ... ... Ujjam Bais case is an authority supporting the aforementioned conclusions that a tribunal may lack jurisdiction if its is improperly constituted, or if it fails to observe certain essential preliminaries to the enquiry, but it does not exceed its jurisdiction by basing its decision ... include the remedial as well as procedural provisions concerned with reliefs in respect of several rights and remedies enumerated in item no.18 ; and item no.18 is wide enough to include rights in land such as rights....
2017 0 Supreme(Guj) 224 • India - Gujarat
J.B.PARDIWALA
In the recent past, the Supreme Court had to observe that the culture of settlement has led to the witnesses turning hostile and not supporting the case of the prosecution. ... 40. ... Similarly, it is not permissible to add words to a statute which are not there unless on a literal construction being given a part of the statute becomes meaningless. ... Highly sophisticated devices like blasting of land mines by remote control are being used to thwart the law enforcement machinery from doing its duty. ... Connecticut, 302 U.S. 319 (1937) ....
2021 0 Supreme(SC) 165 • India - Supreme Court
A. M. KHANWILKAR, DINESH MAHESHWARI, SANJIV KHANNA
The submissions aforesaid, for refund of INR 750 crores with accrued interest to JAL, have been duly countered by the persons/entities standing for the resolution plan, while supporting the order passed by the Adjudicating Authority. We may take note of the leading submissions in this regard. ... 43.3 Having noticed the length and breadth of the arguments on the two sides, where one was supporting for utilisation of the said amount of INR 750 crores and accrued interest for the benefit of the homebuyers of JIL and where other side was arguing for return o....
