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SumikIn Bussan (Hong Kong) International Limited Vs. Manharlal Trikamd ...
Mumbai
May-02-2006
Property
Indian Easements Act, 1882 - Sections 52, 56, 59, 60, 62, 63 and 64; Bombay Rent Act; Registration Act - Sections 17(1); Transfer of Property Act, 1882 - Sections 58, 67 and 100; Stamp Act; Maharashtra Rent Control Act, 1999 - Sections 24, 55 and 55(1); Factors (Scotland) Act, 1890 - Sections 1; Maharashtra Co-operative Societies Act - Sections 29(1); Code of Civil Procedure (CPC) - Sections 44A
2006(6)ALLMR347; 2006(4)BomCR131
the will of the licensor except in the two cases set out under Section 60 of The Indian Easements Act, 1882. It was contended that Section 60 did not mention any third class of cases where a licence would … 23. It is incorrect that the Supreme Court did not consider Section 64 of the Indian Easements Act. Sections 62 and 64 were specifically and in terms referred to in paragraph 9 of Ram Sarup Gupta's case. Not
Tag this Judgment! AI Brief & AskSudershan Sinha and anr. Vs. Kuldeep Singh
Delhi
Sep-22-2006
Property
Transfer of Property Act - Sections 105, 106, 107, 111, 112 and 113; Indian Easement Act, 1882 - Sections 52 and 62; Delhi Rent Control Act; Code of Civil Procedure (CPC) - Order 12 Rule 6; Code of Civil Procedure (CPC) - Sections 151
2006(91)DRJ189
received the sum of Rs. 20,000/- per month from Defendant. Civil Procedure Code, 1908Order 12 Rule 6 - Easements Act, 1882--Sections 52 and 62--Transfer of property Act--Section 105 to 107--(as amended by Act 3 of 2003)--Notice to quit
Tag this Judgment! AI Brief & AskD.H. Maniar and ors. Vs. Waman Laxman Kudav
Supreme Court of India
Aug-24-1976
Property
Easements Act, 1882 - Sections 52, 62 and 63; Bombay Rent Act - Sections 15A; Code of Civil Procedure (CPC) - Sections 115
AIR1976SC2340; (1976)4SCC118; [1977]1SCR403
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 … or writ petition can be converted by Court into appeal or vice versa. INDIAN TRUST ACT (2 OF 1882) Sections 56 & 61 & Nizams Trust Deeds (Validation) Act, 1950, Section 3: Dispute about interpretation of Nizams Trust … of the shop premises of which the appellants were the licensOrs. Section 62(c) of the Easements Act says :A license is deemed to be revoked
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Sahab Ram Vs. Banarsi (Since Deceased) and Represent by Lrs.
Allahabad
Dec-18-1996
Property
Easement Act, 1882 - Sections 59, 61, 62, 62(1) and 65; Code of Civil Procedure (CPC), 1908 - Sections 100
AIR1997All222
to this view, the lower appellate court placed reliance on clause (c) of Section 62 of the Indian Easements Act, 1882 (hereinafter referred to as 'the Act'). On the above findings, recorded by the lower appellate Court, the appeal … of licence is transferred in favour of the third person, he has placed reliance on the provisions of Sections 59 and 61 of the Act. Section 59 of the Act reads as follows:--'59. Grantor's transferee not bound
Tag this Judgment! AI Brief & AskBhaga and ors. Vs. Girwar and ors.
Allahabad
Nov-04-1952
Property
Easements Act, 1882 - Sections 62
AIR1953All439
is no force in thisappeal. It is dismissed with costs. Property - right to easements -Section 62 of Easements Act, 1882 - every clause of Section 62 is independent of each other - if the case falls in any … notwithstanding the finding of abandonment the revocation of licence could not take place because it was provided by Section 62(h), Easements Act that a licence could be deemed to be revoked only when it ceased to be
Tag this Judgment! AI Brief & AskT.S.A. Hamid and anr. Vs. Sri Alanduraiapparswami Temple and ors.
Chennai
Mar-17-1971
Property
Madras Buildings (Lease and Rent Control) Act, 1960; Madras City Tenants Protection Act; Indian Easements Act, 1882 - Sections 52 and 62
AIR1972Mad372
19. Appeal dismissed. Property - lease and licence - Madras Buildings (Lease and Rent Control) Act, 1960 and Sections 52 and 62 of Indian Easements Act, 1882 - licence revocable at will of grantor - exclusive possession … the licenced premises would not indicate that the transaction was a lease. Indeed S. 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
Tag this Judgment! AI Brief & AskYarlagadda China Rattayya and anr. Vs. Donepudi Venkataramayya and ors ...
Andhra Pradesh
Aug-08-1958
ContractCivil
Contract Act, 1872 - Sections 29, 39 and 73; Limitation Act, 1908 - Schedule - Articles 48, 106 and 116; Easements Act, 1882 - Sections 62; Evidence Act, 1872 - Sections 101 to 104; Transfer of Property Act, 1882 - Sections 111
AIR1959AP551
unless it falls under one or other of tho clauses of Section 62 of the Easements Act, and even otherwise the causes assigned for putting; … an interest in property and could therefore be revoked only under the conditions to be found in the Easements Act relating to licences.It is maintained that it was not competent tor the 1st defendant to cancel the contract … Rs. 15,000/-. In this court, parties will bear their own costs. (i) Contract - motive of defendant - Sections 39 and 73 of Contract Act, 1872 - cancellation of contract by defendant - suit by plaintiff not
Tag this Judgment! AI Brief & AskDelta International Limited Vs. Shyam Sundar Ganeriwalla and Another
Supreme Court of India
Apr-09-1999
Tenancy
Transfer of Property Act, 1882 - Sections 105, 107; West Bengal Premises Tenancy Act, 1956 - Sections 14(1); Indian Easements Act, 1882 - Sections 52, 62
AIR1999SC2607; 1999(2)ALLMR(SC)576; JT1999(3)SC1; (1999)3MLJ70(SC); 1999(2)SCALE523; (1999)4SCC545; [1999]2SCR541
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 'easement' or involves … 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 … real intention of parties is the test to determine true nature of document. - INDIAN EVIDENCE ACT, 1872 Sections 113-A & 113-B ;[Dalveer Bhandari & Harjit Singh Bedi,JJ] Presumption as to abetment of suicide and dowry death
Tag this Judgment! AI Brief & AskM.i. Builders Pvt. Ltd. Vs. Radhey Shyam Sahu and ors.
Supreme Court of India
Jul-26-1999
Constitution
Uttar Pradesh Urban Planning and Development Act, 1973 - Sections 3 and 14; Uttar Pradesh Parks, Playgrounds and Open Spaces(Preservation and Regulation) Act, 1975; Constitution of India - Articles 14, 21, 32, 136, 226; Uttar Pradesh Regulation of Buildings Operations Act, 1958; Easements Act, 1882 - Sections 60 and 62
AIR1999SC2468; JT1999(5)SC42; 1999(5)SCALE155a; (1999)6SCC464; [1999]3SCR1066; (1999)3UPLBEC1818
are not concerned with this provision. Reference may, however, be made to Sections 60(b) and 62(f) of the Easement Act, 1882. Though the licence under Section 60(b) is irrevocable but it can be revoked after the happening … granted has either been abandoned or has become impracticable because of the action of the appellant.[The Indian Easement Act, 1882: Sections 52, 53, 60(b) and 62(f):52. Where one person grants to another, or to a definite number of other
Tag this Judgment! AI Brief & AskK.R. Krishna Murthy Vs. Hyderabad Allwyn Ltd.
Andhra Pradesh
Nov-14-2005
Property
Andhra Pradesh, Buildings (Lease, Rent and Eviction) Control Act, 1960; Transfer of Property Act - Sections 44, 106, 109 and 111; Indian Easements Act, 1882 - Sections 35 and 62; Indian Stamp Act - Sections 35; Registration Act - Sections 49; Rent Control Act; Bombay Rent Act - Sections 5(4A), 15A and 15A(1); Code of Civil Procedure (CPC) - Order 7, Rule 9 - Order 41, Rule 27
2006(2)ALD486; 2006(3)ALT50
and the grantor of licence loses interest in the property in view of Section 62(a)(e) of the Indian Easements Act, 1882 (for short 'the Act').13. Mr. J. Prabhakar further urged the following points.14. When the plaintiff obtained several quarters … IC 1858 Overruled]. -- MAHARASHTRA EMPLOYEES OF PRIVATE SCHOOLS (CONDITIONS OF SERVICE) REGULATIONS ACT, 1978 [Act No. 3/1978]. Sections 9 & 2(21): Jurisdiction of School Tribunal Whether a School run by Cantonment Board is not a recognised
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