Right of Way Archives

SC Recognises Commuter Safety as Integral Facet of Article 21; Issues Nationwide Interim Directions for Prevention of Highway Accidents

“The Right to Life enshrined under Article 21 of the Constitution is not merely a guarantee against the unlawful taking of life, but a positive mandate upon the State to ensure a safe environment where human life is preserved and valued.”

Case Briefs High Courts

Delhi High Court| Delay in the handing over of the Right of Way is a material breach of contract if it affects the issuance of the Completion Certificate

The Court is not meant to act as a Court of first appeal and cannot supplant its view over that of the Arbitral Tribunal.

Case Briefs High Courts

ICADR Rules regarding procedure come into play only after arbitration commences before appropriate jurisdiction of law: Del HC summarises law on seat, venue of arbitration

Delhi High Court: While observing that the role of ICADR Rules shall come into play with regard to the procedure to be

Case Briefs Foreign Courts

SL CoA | When servitude of right of way becomes attached to a land, it passes to the new owners of the land even if it is not mentioned in the deeds

Court of Appeal of the Democratic Socialist Republic of Sri Lanka: Mahinda Samayawardhena, J., dismissed an appeal filed against the judgment of

Case Briefs Foreign Courts

SL CoA | Right of way by prescriptive user for using the disputed site for past 20 years upheld

Court of Appeal of the Democratic Socialist Republic of Sri Lanka: The Bench of A.L. Shiran Gooneratne and Mahinda Samayawardhena, JJ., dismissed