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Judgment Search Results Home > Cases Phrase: indian easements act 1882 section 52 license defined Court: supreme court of india Page 1 of about 1,578 results (0.154 seconds)

Apr 06 2011 (SC)

Pradeep Oil Corporation. Vs. Municipal Corporation of Delhi, and anr.

Court : Supreme Court of India

..... levied in that state."12. it would be useful to examine at this stage the definition of "lease" and "license" as envisaged under section 105 of the transfer of property act, 1882 and section 52 of the indian easements act, 1882 respectively.section 105 of the transfer of property act, 1882 reads: - "105. lease defined.--a lease of immovable property is a transfer of a right to enjoy such property, made for a certain ..... thing of value, to be 9rendered periodically or on specified occasions to the transferor by the transferee, who accepts the transfer on such terms."on the other hand, section 52 of the indian easements act, 1882 reads as:"license, defined.--where one person grants to another, or to a definite number of other persons, a right to do, or continue to do, in or upon the immovable property ..... enjoy the property during the term of the lease, and it follows from it that the lessee gets that right to the exclusion of the lesser. whereas section 52 of the indian easement act defines a license.under the aforesaid section, if a document gives only a right to use the property in a particular way or under certain terms while it remains in possession and control of .....

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Aug 24 1976 (SC)

D.H. Maniar and ors. Vs. Waman Laxman Kudav

Court : Supreme Court of India

Reported in : AIR1976SC2340; (1976)4SCC118; [1977]1SCR403

..... to uphold the judgment of the high court. but in the circumstances of the case he could do no better than what has been said in the judgment.9. section 52 of the indian easements act, 1882 defines 'license' thus :where one person grants to another, or to a definite number of other persons, a right to do, or continue to do, in or upon the immovable property ..... of the grantor, something which would, in the absence of such right, be unlawful, and such right does not amount to an easement or an interest in the property, the right ..... respondents no doubt had withdrawn their permission under the agreements but by filing the proceedings under section 41 they permitted the petitioner to continue as the licensee as stated above; and this itself is a different kind of agreement of license as defined under section 52 of the easement act. 24. the learned judge also seems to be making a difference between the filing of a suit ..... against a licensee whose license has been terminated treating him as a trespasser and an application under section 41 of the s.c.c. act. for the purpose of the point at issue .....

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Sep 25 1986 (SC)

Chandavarkar Sita Ratna Rao Vs. Ashalata S. Guram

Court : Supreme Court of India

Reported in : AIR1987SC117; (1986)88BOMLR600; 1986MhLJ955(SC); 1986(2)SCALE500; (1986)4SCC447; [1986]3SCR866

..... personal in nature. it is indisputable that the grant of licence does not entail transfer of interest. see b.m. lall v. dunlop rubber (infra). the indian easements act 1882 deals with licenses. section 52 of chapter vi of the said act defines license as when one person grants to another, or to a definite number of other persons, a right to do, or continue to do, in or upon ..... apparent scheme or the purpose for introduction of the amendment would be defeated at least to a large section of licensees, who were contemplated to be protected, as the objects as noted before sought to do.61. the indian easements act, 1882 defines 'licence'. section 53 of the said act stipulates that a licence may be granted by any one in the circumstances and to the extent to ..... must be a term in contractual tenancy enabling the tenant to sublet the premises and then only such a tenant would be entitled to create a valid licence under sections 52 and 53 of the indian easements act, 1882. the full bench further emphasised that the tenant was entitled to the kind of protection that is sought to be afforded to a tenant under the rent ..... the immovable property of the grantor, something which would, in the absence of such right, be unlawful, and such right does not amount to an easement or an .....

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Aug 28 2012 (SC)

Mangal Amusement Park (P) Ltd. and anr. Vs. State of Madhya Pradesh an ...

Court : Supreme Court of India

..... price is called the premium, and the money, share, service or other thing to be so rendered is called the rent.as far as a license is concerned, the same is defined under section 52 of the indian easements act, 1882, as follows:-52. license defined. - where one person grants to another, or to a definite number of other persons, a right to do, in or upon the immovable property ..... of the grantor, something which would, in the absence of such right, be unlawful, and such right does not amount to an easement or an interest in the ..... property, the right is called a license ..... as to whether the document of allotment of land dated 6.5.1994 was in any way a lease or a license. as far as a lease is concerned, section 105 of the transfer of property act, 1882, defines it as follows:-105. lease defined.- a lease of immoveable property is a transfer of a right to enjoy such property, made for a certain time, .....

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Jan 21 1975 (SC)

The Anant Mills Co. Ltd. Vs. State of Gujarat and ors.

Court : Supreme Court of India

Reported in : AIR1975SC1234; (1975)GLR418; (1975)0GLR40; (1975)2SCC175; [1975]3SCR220

..... on the petitioner-company because of the company being in occupation of the land wherein electric supply lines have been laid and placed. section 52 of the indian easement act, 1882, to which reference has been made on behalf of the petitioner-company, merely defines 'license' and has no bearing on the question with which we are concerned.51. it cannot, in our opinion, be doubted that the ..... not exclude from its ambit the underground strata of the land.50. it has been argued by mr. tarkunde that the right to lay down supply lines under section 12 of the indian electricity act is in the nature of a statutory licence and is not a right in land. hence the right does not constitute land within entry 49 and is not ..... the petitioner-company liable to pay that tax on the ground that the underground supply lines occupy space below the surface and that the said space constitutes land. section 12 of the indian electricity act confers a right upon a licensee to open and break up the soil and pavement of any street, railway or tramway for laying down and placing electric supply ..... doubt that land in entry 49, of list ii would include the underground strata.49. it may be stated that the word 'land' has also been defined in clause (30) of section 2 of the corporations act to include land which is being built upon or is built upon or covered with water, benefits to arise out of land, things attached to the .....

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Feb 20 1991 (SC)

Puran Singh Sahni Vs. Sundari Bhagwandas Kripalani (Smt) and ors.

Court : Supreme Court of India

Reported in : (1991)93BOMLR109; JT1991(2)SC24; 1991(1)SCALE303; (1991)2SCC180; [1991]1SCR592; 1991(1)LC566(SC)

..... the instant agreement what has been given is only the use of the flat and the furnitures and fittings.30. 'licence' had earlier been defined in section 52 of the indian easements act, 1882:where one person grants to another, or to a definite number of other persons, a right to do, or continue to do, in ..... or upon the immovable property of the grantor, something which would, in the absence of such right, be unlawful and such right does not amount to an easement ..... necessarily prevent the grant operating as a lease.25. we may now examine the position of the appellant under the rent act. the rent act has not defined a 'lease'. as defined in section 5(11) 'tenant' means any person by whom or on whose account rent is payable for any premises and includes-( ..... or an interest in the property, the right is called a license.31. in view of licence of the appellant having been cancelled on 10.3.72, licence as defined by the rent act itself, would not apply, to the appellant's case. he would, therefore, not be protected under section 15a of the rent act ..... if that interpretation does no violence to the meaning of which they are naturally susceptible.14. in the agreement the intention to create a license is clear. positively it speaks of a licensefor the use of the flat and negatively that the licensee would not claim any tenancy or sub .....

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Apr 09 1999 (SC)

Delta International Limited Vs. Shyam Sundar Ganeriwalla and Another

Court : Supreme Court of India

Reported in : AIR1999SC2607; 1999(2)ALLMR(SC)576; JT1999(3)SC1; (1999)3MLJ70(SC); 1999(2)SCALE523; (1999)4SCC545; [1999]2SCR541

..... arrangements to carry on his business elsewhere. thus the mere necessity of giving a notice to a licensee requiring him to vacate the licensed premises would not indicate that transaction was a lease. indeed, section 62(c) of the indian easements act, 1882 itself provides that a licence is deemed to be revoked where it has been either granted for a limited period, or acquired on ..... 'easement' or involves a transfer of an interest in the property, which is usually involved in the case of a transfer of right to ..... colour for saying that the brother was a tenant at will, but the old cases can no longer be relied on. owing to the impact of the rent acts, the courts have had to define more precisely the difference between a tenant and a licensee.'... the question in all these cases is one of intention: did the circumstances and the conduct of ..... of the property and that, further, the grant be for consideration. while the definition of 'lease' in section 105 of the transfer of property act, 1882, envisages the transfer of a right to enjoy the property, on the other hand the definition of a 'licence' under section 52 of the indian easements act, 1882, consistently with the above, excludes from its pale any transaction which otherwise, amounts of an .....

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Mar 22 2004 (SC)

C.M. Beena and anr. Vs. P.N. Ramachandra Rao

Court : Supreme Court of India

Reported in : AIR2004SC2103; 2004(3)ALD108(SC); 2004(5)ALLMR(SC)460; 2004(3)AWC2226(SC); (SCSuppl)2004(4)CHN16; 2004(3)CTC314; [2004(3)JCR107(SC)]; JT2004(4)SC288; 2004(2)KLT336(SC); 200

..... a landlord and tenant though it was outwardly styled as a deed of licence to act as a camouflage on the rent control legislation. 'lease' is defined in section 105 of the transfer of property act 1882 while 'licence' is defined in section 52 of the indian easements act 1882. generally speaking the difference between a 'lease' and 'licence' is to be ..... was in possession of the premises for about 20 years before the date of the deed of licence and in spite of the 'deed of license' of 1981 having been executed continued to possess, use and enjoy the occupation of premises as before. though the so-called licence expired in ..... suit seeking issuance of mandatory injunction directing the appellants to hand over vacant possession over the shop to the respondent on the ground that the license to occupy the suit premises was terminated. the trial court directed the suit to be dismissed by recording a finding that one of the two ..... it is a licence. to give exclusive possession there need not be express words to that effect; it is sufficient if the nature of the acts to be done by the grantee require that he should have exclusive possession. on the other hand, the employment of words appropriate to a lease such ..... a rent or periodical payment is reserved out of the land. a contractual licence confers no more than a permission on the occupier to do some act on the owner's land which would otherwise constitute a trespass. if exclusive possession is not conferred by an agreement, it is a licence.' .....

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May 03 2002 (SC)

The Corporation of Calicut Vs. K. Sreenivasan

Court : Supreme Court of India

Reported in : AIR2002SC2051; 2002(4)ALD70(SC); JT2002(4)SC589; 2002(2)KLT291(SC); 2002(4)SCALE377; (2002)5SCC361; [2002]3SCR783

..... mean that a licensee can be forcefully evicted by the grantor without taking recourse to the provisions of law. we may usefully refer to the provisions of section 52 of the indian easements act, 1882 which run thus:'section 52. licence defined.- where one person grants to another, or to a definite number of other persons, a right to do, or continue to do, in or upon the immovable ..... license fee, the license was terminated on 1.3.1989 whereafter the plaintiff's continuance in occupation of the building in question became unauthorized leading to issuance of a notice by the estate ..... kerala legislature, owned a building constructed by it in the year 1972 and immediately after construction the plaintiff-respondent was put in its occupation as a licensee on payment of license fee at the rate of rs. 4325/- per month wherein he was running a lodging house as well as a restaurant. as the plaintiff-respondent defaulted in making payment of ..... of landlord and tenant. the agreement on its true construction read in the light of the surrounding circumstances operates as a license and not as a tenancy. it creates no interest in the land. it gives only a personal privilege or license to the servant to occupy the premises for the greater convenience of his work.'[emphasis added]11. in the case .....

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Aug 13 2013 (SC)

Prabhudas Damodar Kotecha and ors. Vs. Manharbala Jeram Dmodar and anr ...

Court : Supreme Court of India

..... licensor and a licensee relating to recovery of possession of any immovable property or relating to recovery of licence fee. section 5(4a) of the rent act defines the term licensee so also section 52 of the indian easement act, 1882. sub-section (4a) of section 5 of the rent act provides that licensee means a person who is in occupation of the premises or such part as the case may be ..... , rent, hotel and lodging house rates control act, 1947. under that section, suits and proceedings for the recovery of the license fee between a licensor and licensee as defined in that act also lie in the court of small causes, irrespective of the value of the subject matter. under chapter vii of the presidency small causes court act, 1882 an application can be made by a licensor ..... . it was pointed out that by virtue of 1973 amendment to the rent act 1947, protection was given to all licensees defined in section 5(4a). it was also submitted that certain licensees were given the status of deemed tenants under section 15a and that only those licensees who had subsisting license on 01.02.1973 were given the status of deemed tenants. learned senior ..... matter has again to go to the small causes court. similarly, where proceedings on the basis of tenancy are started in the small causes court and subsequently the plea of license is taken and succeeds, the plaint is returned and has to be represented to the city civil court or the high court as the case may be, depending on the .....

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