Telegraph Act | Compensation For Damages Not Confined To Initial Cutting Of Trees, But Any Continuing Causes Of Action: Kerala High Court
1 year, 3 months ago

Telegraph Act | Compensation For Damages Not Confined To Initial Cutting Of Trees, But Any Continuing Causes Of Action: Kerala High Court

Live Law  

The Kerala High Court has clarified that under Section 10 of the Telegraph Act, 1885, the compensation for damages sustained by landowners is not confined to the initial cutting of trees, but also if any further work in the property results in damages to the landowner. The Court thus ascertained that the limitation period of three years as regards any dispute regarding sufficiency of compensation, would therefore arise from the date the right to apply accrues. ".the right to apply, as far as the revision petitioners are concerned, would accrue when the property sustained damage by cutting of trees or any further act resulting in the property sustaining damage. Hence, the revision petitioners could have filed the original petitions before the District Court, within three years of commission of the last act resulting in damage or three years from the date of payment of compensation," the Court observed.

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History of this topic

S.74 Kerala Forest Act Protects Acts Done By Officials In Good Faith, Doesn't Grant Unbridled Power Of Seizure: High Court
1 month, 1 week ago

S.74 Kerala Forest Act Protects Acts Done By Officials In Good Faith, Doesn't Grant Unbridled Power Of Seizure: High Court

Live Law  

The Kerala High Court held that if absolute protection is given to officers under Section 74 of Kerala Forest Act, damages caused to the person due to mischievous acts of an officer would not be addressed. For context, Section 74 gives protection from criminal or other proceedings to forest officers for acts done in good faith. The defendants challenged the …

Hit & Run Cases: Kerala High Court Explains Procedure To Claim Compensation Under 1989 Solatium Scheme
2 years, 4 months ago

Hit & Run Cases: Kerala High Court Explains Procedure To Claim Compensation Under 1989 Solatium Scheme

Live Law  

The Kerala High Court recently embarked upon a detailed analysis of the Solatium Scheme of 1989 framed by the Central Government under Section 163 of the Motor Vehicles Act, 1988 which provides for compensation in hit and run accidents.Justice P.V. Thus, the Court deduced that, From a combined reading of Clauses 20, 21 and 22, it is clear that the …

Telegraph Act | Suit Over Insufficiency Of Compensation Maintainable In Civil Court: Gujarat High Court
2 years, 7 months ago

Telegraph Act | Suit Over Insufficiency Of Compensation Maintainable In Civil Court: Gujarat High Court

Live Law  

The Gujarat High Court recently ruled that under the Indian Telegraph Act, 1885, determination of full compensation to the aggrieved can be done by the civil court if the dispute is regarding the insufficiency of compensation paid under Section 10 of the Act. Justice Umesh Trivedi found that such claims need not be filed before the District Judge as contended …

No Prohibition In Law Restraining Assignee From Appropriating Trees Standing On Assigned Land: Kerala High Court
2 years, 10 months ago

No Prohibition In Law Restraining Assignee From Appropriating Trees Standing On Assigned Land: Kerala High Court

Live Law  

The Kerala High Court recently established that there is no prohibition or restrictions in law restraining an assignee or successors-in-interest from cutting or appropriating any trees standing on the assigned land. "there is no prohibition or restriction restraining an assignee or successors-in-interest from cutting or appropriating any trees standing on the assigned land, either under the Kerala Land Reforms Act, …

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