ITC Limited vs Chowringhee Residency Private-CHC-16/01/2015

NUISANCE-The common law of nuisance has co-existed with statutory controls, albeit less sophisticated, since the 19th century. There is no principle that the common law should 'march with' a statutory scheme covering similar subject matter. Short of express or implied statutory authority to commit a nuisance..., there is no basis, in principle or authority, for using such a statutory scheme to cut down private law rights

In a suit for injunction based on prescriptive easement, the plaintiff should seek declaration that he has acquired the right

Easementary right of way — It has been statutorily declared that an easement which under no circumstances can be advantageous to the dominant heritage shall cease to exist. It has been Judicially recognised that as a right of easement exists…

A plaintiff can on strength of his possession resist interference from persons who have no better title than himself

The plaintiff can on the strength of his possession resist interference from persons who have no better title than himself to the suit property. Once it is accepted, as the trial court and the first appellate court have done, that the plaintiff was in possession of the property ever since 1947 then his possession has to be protected as against interference by someone who is not proved to have a better title than himself to the suit property.

Without proof of customary right, Panchayat has no title to property or income administered for benefit of villagers in common

What is required by S. 58 for the purpose of vesting is the proof of custom by which the villagers in common acquire title to any property or income. Vesting of rights takes place under S. 58 if there is proof of customary right of administration of any property or income for the benefit of the villagers in common. Unless therefore there is proof of customary right, the Panchayat cannot claim title to the property or income administered for the benefit of the villagers in common

What is Anti-Suit Injunction and when shall it not to be granted?

Anti-Suit Injunctions are meant to restrain a party to a suit/proceeding from instituting or prosecuting a case in another court, including a foreign court. Simply put, an anti-suit injunction is a judicial order restraining one party from prosecuting a case in another court outside its jurisdiction. The principles governing grant of injunction are common to that of granting anti-suit injunction. The cases of injunction are basically governed by the doctrine of equity.