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
The rights and obligations on the proprietors of the servient and dominant tenements are implied by law, but they may be confirmed expressly or, within certain limitations, varied or sup
The Ayodhya/Bhabri Masjid land dispute is over 165 years old, with the very first recorded legal suit being filed in the year 1885 and ever since then a series of suits and appeals have been preferred by the litigants and the incumbent governments. T
It is most heartening and most refreshing to learn that in a latest, landmark and extremely laudable judgment, the top court that is the Supreme Court has very rightly held in Union of India Vs Yasmeen Mohammad Zahid @ Yasmeen in Criminal Appeal No.
A general rule of construction in relation to formulae drafted Conveyancing Deeds is that where the dispositive clause contains obscure phraseology, other parts of that Clause may be examined to clarify the matter. This rule will b
While the verdict is about a change in the law books, it is time to make it meaningful by changing the mindsets that are uncomfortable with sexual identities that don't fit into neat brackets.
The Arbitration and Conciliation (Amendment) Bill, 2019 was introduced in Rajya Sabha (Upper House of Parliament of India) by the Minister for Law and Justice, Mr. Ravi Shankar Prasad, on July 15, 2019, Rajya Sabha passed the said bill on 18th July 2
On expected lines and as anticipated, the Supreme Court has most recently on August 6, 2019 in a latest judgment titled Jagdish and another vs The State Of Haryana in Criminal Appeal No(s). 1864 of 2009 has once again very rightly reiterated like ma
What is section 377 of Indian penal code and how it affects the fundamental rights of the LGBT community?Section 377: Unnatural offences- Whoever voluntarily has carnal intercourse against the order of nature with any man ,woman or animal, shall be p
It is a national tragedy that it has taken 72 long years to fully and firmly integrate Jammu and Kashmir with India. It is a national tragedy that when this NDA government led by PM Narendra Modi and Home Minister Amit Shah decided to take the bull
It would be imperative to mention right at the outset that the Supreme Court has just recently on August 14, 2019 in State of Rajasthan & Ors. Vs Shiv Dayal & Anr. in Civil Appeal No. 7363 of 2000 With Civil Appeal No. 7364 of 2000 And Civil
A mutilated body is a body which is deprived of a limb, or a part, or one which is disfigured. In this condition, the soft tissues, muscles and skin may be still attached to the bones. Fragmentar
EXHUMATIONBy exhumation is meant the lawful disinterment or digging out of a buried body from the grave. It is sometimes necessary (1) for purposes of identification, and (2) to determine the cause of death, when foul play is suspected. As the Hindus
When pneumothorax is suspected, it is convenient to test for it before the chest is opened. A pocket is dissected on the affected side between the chest wall and skin, and filled with water. The tip of a knife is then pierced thro