SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2014 Supreme(Ker) 447

B.KEMAL PASHA
Eldho – Appellant
Versus
Manual – Respondent


Advocates Appeared:
For the Appellant:T. Krishnan Unni, Sr. Advocate, Meera Gopinath, K.C. Kiran, P.A. Sheeja, Advocates.
For the Respondents:P.N. Ramakrishnan Nair, P. Viswanathan, R2 to R5, Peeyus A. Kottam, Advocates.

JUDGMENT : -

(1) Can the inclusion of a particular period or term for the operation of an agreement for licence be treated as contracting out?

(2) In a case wherein a particular term or period is fixed in an agreement for licence, can it be said that the said licence will become irrevocable till the expiry of the said period?

(3) Can a demand by the licensor to the licensee to vacate the premises, which is the subject matter of the licence, be regarded as a revocation of the licence?

(4) In the case of a premature revocation, what, if any, are all the reliefs or remedies available to a licensee?

These are the questions of law to be answered in this appeal.

The plaintiff in O.S.No.235/09 of the Subordinate Judge's Court, Muvattupuzha, who is the respondent in A.S.No.78/2011 of the Additional District Court, Muvattupuzha, has come up in appeal, challenging the judgment and decree dated 27.09.2011 passed by the lower appellate court.

2. The plaintiff, as licensee, had entered into Ext.A1 agreement for licence with the respondent herein as licensor on 18.08.2005 for a period of 10 years in respect of the licence to use the crusher unit of the licensor, named 'J.M.T Granites' for the pro




















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top