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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 which the route is located. The action is an actiopopularis and should be raised by or against the owner of the solum and not, for example, by a tenant. The Statute gives the loca..

BASIS OF PUBLIC RIGHTS OF WAY 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. In doing so, he dismissed the views of others that the basis is presumed consent, or presumed g..

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, a variety of other methods by which servitudes may be extinguished. Following are the ways of exti..

INTRODUCTION The 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 arising from the terms of a deed containing something less than an express or specific reservation ..

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 be combined with the conclusion or crave for interdict. Before dealing with the specific types of action, it is desirable to consider preliminary m..

Invoking the recent amendments in the Unlawful Activities (Prevention) Act, 1967, the Central Government has decided to declare the following individuals as terrorists and add their names to Schedule 4 of the Act: Maulana Masood Azhar : chief, founder and key leader of Jaish-e-Mohammad Hafiz Muhammad: chief, founder and key leader of Lashkar-e-Taiba/Jamat-ud-Dawa/l..

The Arbitration and Conciliation (Amendment) Act, 2019 was notified on 9th August, 2019. Sub-Section 2 of Section 1 of the Arbitration and Conciliation (Amendment) Act, 2019 provides as under:- “(2) Save as otherwise provided in this Act, it shall come into force on such date as the Central Government may, by notification..

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 no temple existed on the land before Babri Masjid was built. ..

Advocate Ashwini Upadhyay presented the PIL seeking population control measures infront of the Division Bench of Justice DN Patel and Justice Hari Shankar. The bench dismissed the PIL saying only government is entitled to introduce policies on population or child control. The petitioner prayed the Court to direct the Union of I..

The Central Government plans to merge 10 public sector banks into four - to create fewer and stronger global-sized bankers - revive economic growth. Punjab National Bank, Canara bank, Union Bank of India, Indian Bank, United Bank of India, Allahabad Bank, Syndicate Bank, Corporation Bank, Oriental Bank of Commerce and Andhra Ba..

Chief Minister of Rajasthan Ashok Gehlot along with the State Election Commission and returning officer are summoned by the Rajasthan High Court in a petition challenging his winning in the election from Sardarpura constituency. The petition stands on the allegation that CM falsely attracted the voters in the name of waving off..

Justice Anant S. Dave, the acting Chief Justice of Gujarat High Court inaugurated Vulnerable Witness Deposition Centers (VWDCs) in two new districts courts of Bhrauch and Surat on 31st August, soon after the inauguration of the first VWDCs in Vadodra earlier this year. Designed and conceptualised to guard the child witness, vic..

INTRODUCTION In 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 created only expressly. THE STANDARD VIEW..

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 supplemented expressly by means of conventional servitude conditions in a deed. THE BALANCING EXERCISE p style="text-alig..

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. The constitutional validity and the merits of all these appeals and judgements will soon be decided when the Apex Court..