Licence - Law Dictionary Search Results
Home Dictionary Name: licenceLicence
Licence [fr. licentia, Lat.], a permission given by one man to another to do some act which without such permission it would be unlawful for him to do. It is a personal right, and is not transferable, but dies with the man to whom it is given. It can as a rule be revoked by the licensor unless the licensee has paid money for it (Odgers on the Common Law, pp. 25, 574). As to the nature and effect of the licence granted to the purchaser of a ticket for a theatre or other similar entertainment, see Hurst v. Picture Theatres, (1915) 1 KB 1, and the authorities there referred to, and Allen & Sons v. King, (1916) 2 AC 54. It may be either written or verbal; when written, the paper containing the authority is often called a licence. A licence amounting to or coupled with an interest in an incorporeal hereditament must be under seal [see Wood v. Leadbitter, (1845) 13 M&W 838], or it may be revocable, but see Lowe v. Adams, (1901) 1 Ch 598.A licence is necessary before doing many acts, as to ma...
Licence and lease
Licence and lease, A licence confers a right to do or continue to do something in or upon immovable property of grantor which but for the grant of the right may be unlawful, but it creates no estate or interest in the immovable property of the grantor. A lease on the other hand creates an interest in the property demised, Sohan Lal Naraindas v. Laxmidas RaghunathGadit, (1971) 1 SCC 276: (1971) 3 SCR 319[ Transfer of Property Act, 1882, s. 105]A tenant protected by a statute is entitled to create a licence. The licence is not an interest in property. It is purely a personal right, Chandavarkar Sita Ratna Rao v. Ashalata S. Guram, AIR 1987 SC 117 (132): (1986) 4 SCC 447.Means a licence granted under section 15 to use the Indian Standards Certification Mark in relation to any article or process which conforms to the Indian Standard and includes any licence granted under the Indian Standards Institution (Certification Marks) Act, 1952 and is in force immediately before the date of establis...
Exclusive licence
Exclusive licence, means a licence from a patentee which confers on the licensee, or on the licensee and persons authorised by him, to the exclusion of all other persons (including the patentee), any right in respect of the patented invention, and exclusive licensee shall be construed accordingly. [Patents Act, 1970, s. 2 (1) (f)]It means a licence which confers on the licensee or on the licensee and persons authorised by him, to the exclusion of all others persons (including the owner of the copyright) any right comprised in the copyright in a work, and 'exclusive licensee' shall be construed accordingly. [Copyright Act, 1957 (14 of 1957), s. 2 (j)]...
Licensee
Licensee, a person to whom a licence has been granted.Clause (h) of s. 2 of the Electricity Act, 1910 defines a 'Licensee' to mean any person licensed under Part II to supply energy, State of Uttar Pradesh v. Hindustan Aluminium Corpn., AIR 1979 SC 1459: (1979) 3 SCR 709: (1979) 3 SCC 229. Electricity Act, 1910, s. 2 (A).A licensee is one who is in occupation under a subsisting agreement for licence. The agreement for licence must be subsisting on the date on which he claims to be a licensee, Ludhichem Agencies v. Ahmed R. V. Peer Mohamed, AIR 1981 SC 1998: (1982) 1 SCR 712: (1981) 4 SCC 273.It means a person licensed under Part II of the Indian Electricity Act, 1910 to supply energy or a person who has obtained sanction under section 28 of that Act to engage in the business of supplying energy (but does not include the Board or a Generating company). [Electricity Regulatory Commissions Act, 1998 (14 of 1998), s. 2 (l)]Means any person licensed under sub-s. (1) of s. 4 of the Indian Te...
Lease or licence
Lease or licence, it is the creation of an interest in immovable property or a right to possess it that distinguishes a lease from a licence. A licence does not create an interest in the property to which it relates while a lease does. There is in other words transfer of a right to enjoy the property in case of a lease. As to whether a particular transaction creates a lease or a licence is always a question of intention of the parties which is to be inferred from the circumstances of each case. For the purpose of deciding whether a particular grant amounts to a lease or a licence, it is essential, therefore, to look to the substance and essence of the agreement and not to its form, Board of Revenue v. A.M. Ansari, AIR 1976 SC 1813 (1816): (1976) 3 SCC 512: (1976) 3 SCR 661. [Transfer of Property Act, 1882, s. 105]...
Bulk licensee
Bulk licensee, means a licensee who is authorised by his licence to supply electricity to other licensees for distribution by them, Electricity (Supply) Act, 1948, sec. 2(3)....
Driving licence
Driving licence, means the licence issued by a competent authority under Chapter II authorising the person specified therein to drive, otherwise than as a learner, a motor vehicle or a motor vehicle of any specified class or description. [The Motor Vehicles Act, 1988, s. 2 (10)]A person would be regarded as being duly licenced only if he has obtained a licence under Chapter II of the Motor Vehicles Act and a person who has obtained a temporary licence which enables him to learn driving cannot be regarded as having been duly licenced, New India Assurance Co. Ltd. v. Mandar Madhan Tambe, (1996) 2 SCC 328. [Motor Vehicles Act, 1939 (4 of 1939), s. 2(5A)]...
Lease and licence
Lease and licence, if an interest in immovable property, entitling the transferor to enjoyment, is created, it is a lease; if permission to use land without right to exclusive possession is alone granted, a license is the legal result, Qudrat Ullah v. Municipal Board, Bareilly, AIR 1974 SC 396 (398): (1974) 1 SCC 202. (Transfer of Property Act, s. 105; Easements Act, s. 52)The difference between a 'lease' and 'licence' is to be determined by finding out the real intention of the parties as decipherable from a complete reading of the document, if any, executed between the parties and the surrounding circumstances. Only a right to use the property in a particular way or under certain terms given to the occupant while the owner retains the control or possession over the premises results in a licence being created; for the owner retains legal possession while all that the licensee gets is a permission to use the premises for a particular purpose or in a particular manner and but for the pe...
Licence fee and fixed fee
Licence fee and fixed fee, the term 'licence fee' in the context of the U.P. Excise Law connotes the idea of it being the consideration in money receivable by the Government from a private person by grant of a licence (contract), for parting in such person's favour, its exclusive privilege or right of carrying on certain activities in respect of country liquor or drugs under 'auction system' in public auctions, and the term 'fixed fee' is a fee determined by the Excise Commissioner, in lieu of 'licence fee', State of U.P. v. Sheopat Rai, AIR 1994 SC 813. (1994) Supp 1 SCC 8. [U.P. Excise Act, 1910 s. 24A; U.P. Excise Rules, 1910, R. 2(1)]...
Revocation of a licence
Revocation of a licence, a 'revocation' of a licence means that the licence has not been suspended but cancelled for all times to come entailing civil consequences and complete abolition of the right for the exercise of which the licence was granted, Laxmi Khandsari v. State of U.P., AIR 1981 SC 873 (894): (1981) 2 SCC 600: (1981) 3 SCR 92. [Sugarcane (Control) Order, 1986, O. 18]...
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