The Act has been amended thereby incorporating section 143A which has been notify on 01.09.2018 and applicable in this case. Section 143A of Act is being reproduce herein below: 143A. Power to direct interim compensation: (1) Notwithstanding anythi ..
Introduction to Legal Maxims, usage of legal maxims in taxation, usage of legal maxims in commercial litigation, Case Laws relevant largely to the application of legal maxims. Case Laws � Taxation and Commercial Litigation. ..
What a cheque in law meansA cheque is a transferrable (negotiable) instrument in writing, containing an unconditional order signed by its maker (drawer), directing a specified banker (drawee) to pay on demand, the sum of money specified on the instru ..
The appropriate form of action to establish the existence of a public right of way is usually one declarator, which may be raised in either the Court of Session or the sheriff Court within ..
In Mann vs Brodie, Lord Watson suggested that the basis for the constitution of a public right of way by prescription was nothing other than continuous user over the prescriptive period. ..
Servitude can be extinguished in whole or in part by renunciation, non utendo, by prescription, elapsing of the limited period for which they were created, extinction of either of the tenement and confusio. There are, however, ..
INTRODUCTIONThe creation of servitude by implication is a wide topic. In theory, a distinction can be made between two main types of implication. First, an assertion that a servitude is created by an implication ar ..
The remedies in respect of servitudes are similar to those in the context of rights of way. The primary remedy to establish the existence or non-existence office servitude right is declarator. An action of declarator may ..
Arguments by Senior Advocate Rajeev Dhawan on 2nd September (Day 17)In a shocking twist in the Ayodhya case currently heard by the Supreme Court, on Monday, Senior Advocate Rajeev Dhawan who represents the Muslim parties in the issue has argued that ..
INTRODUCTIONIn theory, a negative servitude could be created by statue, decree arbitral or judicial decree but, leaving those possibilities aside, we examine the stated proposition that a negative servitude can be ..
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