Ownership of Roof Top Structures - Clause 11 and 14 of building contracts specify the installation of roof lamps, switches, luggage carriers, and iron ladders, but ownership generally remains with the building owner; the title passes to the owner as an accretion in case of construction, and structures like roof lamps or carriers are considered part of the building M/s. Patnaik & Company VS The State of Orissa - Madras.
Building Ownership and Demolition - After property purchase, demolition of existing structures and construction of new buildings are undertaken by the owner or builder with necessary permissions; ownership of the building remains with the owner, and demolition does not transfer ownership rights Mariadassou Philomene Dominique Marie Anthoinette VS Member Secretary, Town and Country Planning Board, Town and Country Planning Department - Madras.
Ownership of Goods and Structures - Once goods are taken charge of and receipts issued, liability for loss shifts away from the owner or master of the ship; similarly, in building contexts, ownership and liability are distinct, and ownership remains with the original owner unless explicitly transferred Vijayalakshmi Minerals Trading Co. , Madras VS Union of India and Others - Madras.
Insurance and Salvage Rights - Insurance policies specify that salvage rights, such as for roof sheets, remain with the insured owner, and other terms remain unaltered; ownership of salvage materials like roof sheets remains with the insured party Vitthalsai Sahakari Sakhar Karkhana vs New India Assurance Co. Ltd. - Consumer National.
Sky-signs and Building Ownership - Erection or retention of sky-signs on buildings or land without permission is deemed an ownership or occupancy issue; the owner or occupier is deemed responsible, and structures like sky-signs are considered part of the property Harit Advertising, Avas Vikas Colony VS State of Uttarakhand - Uttarakhand.
Legal Personality and Ownership - Property rights, including those related to buildings, revert to the rightful owner and cannot remain in custody indefinitely; ownership of structures, including buildings, remains with the original owner unless legally transferred M. Siddiq (D) Thr. Lrs. VS Mahant Suresh Das - Supreme Court.
Occupier's Responsibility - Occupiers of buildings, such as cinemas, are responsible for risks created by their occupancy; ownership is not necessary to hold responsibility, and structures like parapets are part of the building's ownership and liability considerations Sushil Ansal VS State Through CBI - Supreme Court.
Building Structures in Security and Conspiracy Cases - Structures like roofs of buildings are referenced in legal contexts involving conspiracy and security; ownership and control of such structures can be relevant in legal proceedings but generally remain with the owner unless legally transferred MOHAMMED AJMAL MOHAMMAD AMIR KASAB @ ABU MUJAHID VS STATE OF MAHARASHTRA - Supreme Court.
Building Height and Planning - Demolition and reconstruction do not imply transfer of ownership; building height and compliance are determined by sanctioned plans, and ownership remains with the original owner unless explicitly transferred or sold Bomi Munchershaw Mistry VS Kesharwani Co-operative Housing Society Ltd. and others - Bombay.
Analysis and Conclusion:
Ownership of rooftop structures generally remains with the building owner, especially when such structures are integral parts of the building or installed with permission. While certain fixtures or additions (e.g., sky-signs, roof lamps) may require permissions, their ownership typically does not transfer unless explicitly done so through legal processes. In legal contexts, ownership rights to the roof and its structures are preserved with the original owner unless a formal transfer occurs.
Clause 11 provides for the fixing of two roof lamps and its necessary switches. Clause 14 provides for the fixing of luggage carrier on the top of the roof and an iron ladder up to luggage carrier at the rear. ... The following extract from the judgment in Dunkerlyes’ case1 brings out the fact that the title in a case of building contract passes to the owner as an accretion thereto: ... “That exception does not apply to buildings which are constructed in execution of a works contract, ....
Notice - After purchasing property, Petitioner had demolished existing tiled house in property and constructed a single storied building ... Highways Act, 1956 - Control of National Highways (Land andTraffic) Act, 2002 - Constitution of India - Article, 141 - Article 144 - Building ... Indeed, 3rd Respondent/Builder had demolished an existing House and had applied for planning permission for construction of a new Building ... The fact remains that only the owner of the building is at l....
After the goods are thus taken charge of and a receipt given for them, no liability for any loss or damage which may occur to the goods attaches to any person to whom the receipt has been given or to the master or owner of the ship from which the goods have been landed. ... It only remains to refer to the decisions relied on by counsel on both sides. In Coimbatore Municipality v. ... The Committee consisted of top-level experts, one each from the ports of New York, London and Notterdam who made a general survey of the Po....
AH other terms & conditions remain unaltered. (II) BUILDING: POLICY NO: 151300/11/07/12/00000144. PERIOD: 14.04.2007 TO 13.04.2008. ... AH other terms & conditions remain unaltered. NC/CC/26/2011 Page | 50 h (II) BUILDING: POLICY NO: 151300/11/07/12/00000144. PERIOD: 14.04.2007 TO 13.04.2008. ... any Foreign Expert, therefore charges are to be treated as NIL G) Salvage (1) Building :The insured has agreed to retain salvage of Roof G. I sheets 275 nos. @ Rs,150/-eac....
... (2) Where any sky-sign shall be erected, fixed or retained after the appointed day upon or over any land, building or structure, save and except as permitted as hereinbefore provided the owner or person in occupation of such land, building or structure shall be deemed to be the ... of the wall or parapet of any building, on the cornice or blocking course of any wall or to the ridge or a roof, if such contrivance be of one continuous face and not open work and does not extend in height more than thre....
(F) Legal Personality – Corporations and Ships – A maritime lien may arise in case of a wrongdoing or damage caused by a ship ... The property must revert to the rightful owner and cannot remain custodia legis for time ad-infinitum. ... the building. ... said building. ... (3) It will remain an everlasting bounty, and (hence) the date of its erection became manifest from my words: It will remain an everlasting bounty.” ... So, there is no question of breaking the sam....
required of occupier of cinema hall should be commensurate with the risk created – Such care summarised – Deviations from sanctioned building ... compensating the victims – Standard of proof required in civil and criminal action being different, award of damages against the owner ... nbsp;(f) Words and Phrases – Occupier – Of cinema – For being occupier it is not necessary to be the owner ... The sentence awarded to them shall, however, remain unaltered. ... The sanctioned plan showed a parapet behind the transformer roo....
were victims of the conspiracy to which he was a party along with the nine (9) dead accused and thirty-five (35) other accused who remain ... the trial, engaged to represent him during the entire course of the trial- Even if the accused does not ask for a lawyer or he remains ... At yet another place the collaborators tell the terrorists at Hotel Oberoi that the troops were making their position very strong on the roof of the building [Hotel Oberoi, Talk No. 4 (Ext. no. 979)]. ... They were in that building#HL_....
were victims of the conspiracy to which he was a party along with the nine (9) dead accused and thirty-five (35) other accused who remain ... the trial, engaged to represent him during the entire course of the trial- Even if the accused does not ask for a lawyer or he remains ... At yet another place the collaborators tell the terrorists at Hotel Oberoi that the troops were making their position very strong on the roof of the building[59]. ... They were in that building for almost an hour. Then they cam....
But merely proclaiming the site's being a location for the building of a Co-operative housing society, could not have led plaintiff to infer that the building would violate the limit set up by him. ... Eminent Counsel are not demigods to remain untouched by their clients' ruminations. The case for opinion's absence only deepens the suspicion on this score. ... Now demolition of an existing building would not indicate the height and breadth of the proposed replacement. That the building was to be that of....
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