Search Results for "Right of Way"

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Search Results for "Right of Way"

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High Court

Bombay High Court Allows Petition in Injunction Dispute Over Land Access. High Court sets aside lower courts' orders rejecting temporary injunction, finding that the Plaintiff had established a prima facie case and balance of convenience for restraining Defendants from interfering with its right of way.

23 Jun 2026

The Petitioner, Mondelez India Foods Private Limited (formerly Cadbury India Company Ltd), filed a writ petition under Article 227 of the Constitution...

High Court

Madras High Court Disposes Writ Petition Seeking Access to Agricultural Land After Tahsildar Confirms Continued Pathway. Construction of Anganwadi Centre Not to Obstruct Petitioner's Right of Way.

9 Jan 2026

The petitioner, K. Kaliyappan, filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus directing the responden...

Supreme Court

Supreme Court Dismisses Appeals Claiming Easementary Rights Over 20ft Wide Road — Pleadings Must Specifically Allege 20-Year User for Prescription Under Section 15 of Indian Easements Act, 1882. Easement of Necessity Requires Proof of Absolute Necessity and Common Origin, Which Was Not Established.

10 Apr 2024

The dispute pertains to easementary rights over a 20ft wide road situated on land Survey No.57 Hissa No.13A/1 owned by the respondents (Ramani's). The...

High Court

Bombay High Court Quashes FIR in Land Dispute Case Due to Civil Nature of Dispute and Lack of Criminal Intent. Dispute over right of way through agricultural land does not constitute offences under Sections 294, 504, 506 IPC.

19 Oct 2018

The applicants, original accused persons, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of FI...

High Court

Bombay High Court Dismisses Writ Petition Challenging Interim Injunction in Right of Way Dispute — Concurrent Findings of Fact Not Disturbed Under Article 227. The court upheld the interim injunction granted by the trial court and confirmed by the appellate court, finding no perversity or jurisdictional error in the concurrent findings.

23 Mar 2018

The petitioners, Vasudev Pandharinath Raikar and others, filed a writ petition under Article 227 of the Constitution of India challenging the concurre...

High Court

Bombay High Court Dismisses Appellant's Second Appeal in Easement Right Case — Unregistered Agreement Cannot Create Easement or Transfer Ownership. Creation of right of easement by agreement requires registration under Registration Act, 1908 and does not result in transfer of ownership under Transfer of Property Act, 1882.

18 Jan 2018

The appellant, Pandhari Deogade, filed a second appeal before the Bombay High Court against the concurrent findings of the trial court and first appel...

High Court

Bombay High Court Dismisses Second Appeal in Land Dispute Over Right of Way — Concurrent Findings of Fact Not Interfered With. The court held that a second appeal under Section 100 of the Code of Civil Procedure, 1908 cannot be entertained on questions of fact when findings are based on appreciation of evidence.

10 Mar 2017

The case involves a second appeal filed by the appellants (original plaintiffs) against the judgment and decree of the first appellate court which con...

High Court

Bombay High Court Allows Second Appeal in Right of Way Dispute Under Mamlatdars' Courts Act, 1906 — Civil Court Jurisdiction Barred for Orders Under Section 5 of the Act. The Court held that the remedy against a Mamlatdar's order granting right of way lies by way of appeal to the Collector under Section 7 of the Act, and the Civil Court has no jurisdiction to entertain a suit challenging such order.

8 Mar 2017

The appellant, original defendant No.1, was granted a right of way over the plaintiff's field by the Mamlatdar under Section 5 of the Mamlatdars' Cour...

High Court

Bombay High Court Dismisses Suit by Condominium Against Developer for Declaration of Rights Over Adjoining Plots as Barred by Limitation. Claims for Easement and Right of Way Held Time-Barred Under Articles 25, 65, and 113 of Limitation Act, 1963.

6 Mar 2017

The Plaintiffs, Beach Towers Condominium and its President, filed a suit in 2012 seeking declarations that they have a right of way and easement over ...

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