AI Overview...
- Can a Licence be Oral?
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Main Points and Insights:
- Licences can be oral or written, depending on the context and parties involved. Several sources confirm that oral licences are recognized in law, especially in property and licensing contexts (e.g., C)Land and Property Law Harish Chand VS Rameshwar Dayal Mangla Alias Ramesh Chand - Punjab and Haryana, LICENCE - REVOCATION - ORAL LICENCE State of Rajasthan VS Kanmal - Rajasthan, evidence E. Leslie & Co. VS Vaividhya Print Crafts - Bombay).
- The validity of an oral licence often depends on the nature of the agreement and the evidence available, such as conduct or circumstantial proof, since licences are essentially permissions rather than formal contracts (Section 91 Rubyana alias Smita Sanjib Bali VS State of Maharashtra - Bombay, LICENCE - REVOCATION State of Rajasthan VS Kanmal - Rajasthan).
- Courts have held that oral licences require proof and that their existence can be challenged or confirmed through evidence, including testimony and conduct of parties (01500021489, 04400003616).
- In property cases, an oral licence can grant permission to occupy or use property, but its termination or revocation may require notice, which can also be oral, depending on circumstances (00400029334, 02300023879).
- Certain statutes and legal principles recognize oral licences, but formalities and proof requirements are crucial for enforcement or dispute resolution (Section 91, Section 15-A Anirudh Sunderji Negandhi VS Jalsinh Gokaldas Negandhi - Bombay).
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Analysis and Conclusion:
- An oral licence is legally permissible and recognized in various legal contexts, especially where the parties' conduct indicates permission. However, the burden of proof lies with the party asserting the existence of such a licence.
- The effectiveness and enforceability of an oral licence depend on the ability to prove its existence and terms, as courts generally prefer written agreements for clarity. Nonetheless, oral licences are valid, provided they are established through sufficient evidence.
- Termination or revocation of an oral licence may also be oral but often requires clear communication or notice, and disputes often hinge on evidence of the licence's existence and its terms (00400008614, 01700053612, 00400029334).
References:
- Rubyana alias Smita Sanjib Bali VS State of Maharashtra - Bombay
- Ashok Lanka VS Rishi Dixit - Supreme Court
- State of Rajasthan VS Kanmal - Rajasthan
- KALLOO GAJI BAHNA VS RISHABH - Nagpur
- Annathu Sarojini VS Muhammed Sainulabdeen - Kerala
- Madhukar Krishna Dhusane VS Mandabai Hari Choudhari (deceased through L. Rs. ) - Bombay
- Bhagat Singh VS State Of Punjab - Punjab and Haryana
- Anirudh Sunderji Negandhi VS Jalsinh Gokaldas Negandhi - Bombay
- Harish Chand VS Rameshwar Dayal Mangla Alias Ramesh Chand - Punjab and Haryana
Search Results for "Can a Licence be Oral"
1995 0 Supreme(Bom) 325 • India - Bombay
G.R.MAJITHIA, VISHNU SAHAI
... Section 91-Contents of licence-Oral evidence for proving of not ... ... Section 91-Licence deed-No covenant in the document to reside in ... Suffice it will to say that the appellant is not a party to the agreement of licence, Ex. 28. ... ... Ex. 28 is the licence deed dated March 27, 1992. The agreement of licence was entered into between P.W. 4 and Sohail Qureshi. There is no covenant in the document that Sohail Qureshi was to reside in the licensed premises along with his wif....
2005 0 Supreme(SC) 829 • India - Supreme Court
N.S.HEGDE, S.B.SINHA
Chattisgarh Excise Settlement of Licenses for Retail Sale of Country/Foreign Liquor Rules, 2002, Rule 9 - Eligibility for liquor licence ... ), Section 7 - Chattisgarh Excise Settlement of Licenses for Retail Sale of Country/Foreign Liquor Rules, 2002, Rule 9 - Liquor licence ... Constitution of India, Article 265 - Application fee for liquor licence- The application fees were not meant to be utilised for the ... Similarly, for licence fees prescribed for the year 2005-06 for licence of F. L. 2 and F. L....
2018 0 Supreme(Raj) 381 • India - Rajasthan
RAMCHANDRA SINGH JHALA
LICENCE - REVOCATION - ORAL LICENCE - RIGHT TO REVOKE - OWNERSHIP OF PROPERTY - POSSESSION OF PROPERTY - BURDEN OF PROOF - EVIDENCE ... licence granted to the defendant. ... Whether the plaintiff was able to prove his ownership over the suit land and the oral licence granted to the defendant for setting ... Neither there was any pleading regarding existence of any licence nor there was any issue regarding existence or non-existence of any licence, th....
1950 0 Supreme(Nagpur) 91 • India - Nagpur
BOSE
LICENCE - REVOCATION - ORAL LICENCE - BURDEN OF PROOF - ESTOPPEL - LIMITS. ... Whether the oral license claimed by the defendant displaced the earlier written license? 2. ... Finding of the Court: The lower appellate court found that the oral license relied upon by the defendant to displace ... The first Ct found in the deft's favour but the lower appellate Ct held that the oral licence on which the deft relies t....
1990 0 Supreme(Ker) 76 • India - Kerala
VARGHESE KALLIATH
The court held that the defendants failed to establish their case of an oral licence and that they cannot claim protection under ... Finding of the Court: The court found that the defendants failed to establish their case of an oral licence and that ... Ultimately, the court held that the defendants failed to establish their case of an oral licence and that they cannot claim protection ... Their clear case is that they have got an oral licence. Ext....
2008 0 Supreme(Bom) 789 • India - Bombay
V.M.KANADE
to defendant tenant by plaintiff alleging that defendant was his licensee-Oral licence given by him permitting defendant to reside ... Perusal of the notice dated 21.2.1980 sent by the plaintiff to the defendant reveals that the plaintiff has terminated the oral licence ... Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947 - Section 12(2)-Notice under-Termination of licence-Notice given ... It is an admitted position that the notice which was issued by the plaintiff dated 21/0211980 merely....
1975 0 Supreme(P&H) 44 • India - Punjab and Haryana
BAL RAJ TULI, BHOPINDER SINGH DHILLON, M.R.SHARMA
LIQUOR LICENCE - CANCELLATION - NATURAL JUSTICE - ORAL HEARING - SECURITY DEPOSIT - FORFEITURE - PUNJAB EXCISE ACT, 1914 - SECTIONS ... Rules of natural justice require a notice for an oral hearing before canceling a liquor license under Section 36(c) of the Punjab ... a notice for an oral hearing must necessarily be given to the licensee? ... He had also paid Rs. 7,000.00 on account of licence fee. ... As regards the necessity of granting oral hearing to a licensee b....
• India - Bombay
If it is the petitioners case that the agreement of leave and licence was oral, then we are completely in the dark with regard to ... Section 15-A-Distinction between leave and licence-Petitioners case of having created a leave and licence not acceptable in absence ... The petitioner also has not made it clear as the amount of monthly compensation for granting the leave and licence.
2008 0 Supreme(P&H) 756 • India - Punjab and Haryana
NIRMAL YADAV
... (C)Land and Property Law--Licence--Grant of--Oral-- An owner of ... immovable property on termination of licence, can file a suit against the licencee for mandatory injunction--Easement Act, 1882. ... ... (B) Specific Relief--Injunction--Possession--Grant of licence may ... in the property, the right is called a licence. ... There is no dispute to the proposition that licence can be oral also depending upon the relations of the parties and subsi....
2008 0 Supreme(Bom) 807 • India - Bombay
ROSHAN DALVI
evidence, it is seen that on seeing the copy of the licence, a case of oral termination of the date of the issue of licence is made ... Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947 - Section 15-A-Oral termination of the date of issue of licence. ... -The licence is the basic document evidencing the contract between the parties. It is in respect of immovable property. ... Even the further circumstantial evidence runs contrary to the Plaintiffs’ case of oral#....
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