cover image: Mysore-Madras Arbitration. Madras Case Parts I to IV and Madras Rejoinder Parts V to VII

Premium

20.500.12592/b3jwzm

Mysore-Madras Arbitration. Madras Case Parts I to IV and Madras Rejoinder Parts V to VII

1914

What is to happen if the two criteria differ ? The only sensible way of construing the last sentence of the third clause is to apply the two criteria respectively to the two points to be determined and to hold that the existence extent and nature of the right should be determined in accordance with law and that the mode of exercising the right (as ascertained) is to be fixed in accordance with wh [...] extent of any easement and the mode of its enjoyment must be fixed with reference to the probable intention of the parties and the purpose for which the right was acquired and it is only in the absence of evidence as to such intention and purpose that it is provided that the extent and mode of enjoyment must be determined by the accutomed user of the right. [...] 1. Character of rainfall in the Cauvery basin.—The Cauvery and its principal tributaries in Mysore rise amid the Western Ghats in Coorg and Malabar and it is to the heavy rainfall of the south-west monsoon in these hilly tracts that by far the greater part of the flow during the period of this monsoon from about the middle of June to the middle of September is to be attributed in a normal year a [...] In a bad year the water-supplies in the Cauvery dwindle to 'a small fraction of the normal and the whole flow of the river is inadequate to give the necessary water to the irrigated areas under it.2 As an instance the average rainfall in the Tanjore district during the months of October November and December is 26.62 inches but the rainfall in the year 1904 was only 15.98 inches ; the monthly [...] 4. plow of the Cauvery in south-west monsoon.---In consequence of the above condtions the flow of the Cauvery in a normal year is during the south-west monsoon to a very great extent dependent on the run-off from the hilly catchment above the Sivasamudram anicut and during this season the fluctuating contributions from the tributaries joining it below this with the single exception of the
government politics public policy
Published in
Unset
Segment Pages Author Actions
Cover
i-ii unknown view
Errata
i-i unknown view
Part I.—Legal Arguments
1-15 unknown view
part II. Historical and Descriptive
1-16 unknown view
Part III. Arguments—Second Issue
1-i unknown view
Part IV—Engineering Arguments—Third Issue
1-25 unknown view
Part V—Legal Arguments
1-4 unknown view
Part VI Facts and Engineering Arguments—Second Issue
1-24 unknown view
Part VII Facts and Engineering Arguments—Third Issue
1-8 unknown view