AI Overview...
- Effect of Ending of Leave and Licence Agreement
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Non-Registration and Legal Validity: Leave and licence agreements are often not registered instruments, but their validity and enforceability can be upheld based on written terms. Section 24 of the Indian Evidence Act presumes that a written licence agreement is conclusive evidence of its contents, making it difficult for licensees to contradict the terms Mayur Nitin Nagonkar vs Additional Commissioner, Kokan Division - Bombay, Ram Shankar Sinha vs Ritesh V. Patel - Bombay.
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Impact of Termination: When a leave and licence agreement ends, the licensee's right to occupy the premises ceases. The courts emphasize that once the licence expires or is terminated, the licensee's continued occupation without renewal or extension can lead to eviction proceedings Chimanlal Shah VS Farhana Abdul Jabar Sayyad - Bombay, VIMALABEN GOSALIA VS VEENA DUSHYANT MALGONNKAR - Bombay.
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Legal Proceedings and Evictions: Courts consider the agreement's terms and whether it is registered or conclusive. Unregistered agreements, while not necessarily invalid, may complicate eviction processes. The termination of the agreement often results in eviction orders, especially if the licensee continues to occupy after expiry Suhas Janardan Chavan Proprietor of Suhas Hydro Systems VS Rajesh Housing Pvt. Ltd. - Bombay, Mrs. Alpana Sanjay Kolhatkar vs Mr. Vijay Kumar Amrut Gone - Bombay.
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Application of Statutes: The applicability of rent control laws (e.g., Maharashtra Rent Control Act, 1999) and specific provisions related to leave and licence agreements influence the effect of ending these agreements. The law generally favors the landlord's right to evict licensees upon expiry or termination of the agreement Mrs. Alpana Sanjay Kolhatkar vs Mr. Vijay Kumar Amrut Gone - Bombay.
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Insights
- The conclusive nature of written agreements under Section 24 underscores the importance of formal, registered agreements for property transfer and occupancy rights.
- The absence of registration does not necessarily invalidate a leave and licence agreement but may impact its enforceability and the eviction process.
- The termination of a leave and licence agreement typically results in the licensee losing their right to occupy, leading to potential eviction if they continue to remain.
- Legal provisions and case law emphasize the importance of clear, formal agreements and timely enforcement of termination to prevent unlawful occupation.
References: - VIMALABEN GOSALIA VS VEENA DUSHYANT MALGONNKAR - Bombay, Chimanlal Shah VS Farhana Abdul Jabar Sayyad - Bombay, Mayur Nitin Nagonkar vs Additional Commissioner, Kokan Division - Bombay, Suhas Janardan Chavan Proprietor of Suhas Hydro Systems VS Rajesh Housing Pvt. Ltd. - Bombay, Mrs. Alpana Sanjay Kolhatkar vs Mr. Vijay Kumar Amrut Gone - Bombay, M. jaya Gopal VS Excise Superintendent, Nellore - Andhra Pradesh, Ram Shankar Sinha vs Ritesh V. Patel - Bombay, Delta International LTD. VS Shyam Sundar Ganeriwalla - Supreme Court, Natraj Studios Private LTD. VS Navrang Studios - Supreme Court, State Of Orissa VS Narain Prasad - Supreme Court
Search Results for "Effect of Ending of Leave and Licence Agreement"
2018 0 Supreme(Bom) 2047 • India - Bombay
R.G.KETKAR
And License Agreement - Leave and license agreement is not a registered instrument lays down that responsibility of getting agreement ... application thereby granting leave to defend proceedings - Submitted that as leave and license agreement is not a registered instrument ... leave and li....
2009 0 Supreme(Bom) 859 • India - Bombay
S.C.DHARMADHIKARI
sought to be achieved by having special provisions to evict licensees who continue to occupy the premises despite the period of licence ... Considering the fact that the petition was pending in this Court for some time and the ad interim order is continuing till today, ... Hence, there is no substance in the contentions that the new Act cannot apply to licences created till 31st March, 2000. ... In this case, the leave and....
2025 Supreme(Online)(Bom) 6646 • India - High Court of Bombay
N. J. JAMADAR, J
Section 24 incorporates a presumption to the effect that an agreement of licence in writing shall be conclusive ... was a Leave and Licence Agreement for residential use of the suit premises. ... ii) Whether there is a leave and licence agreement? Is it registered?
2019 0 Supreme(Bom) 1548 • India - Bombay
DAMA SESHADRI NAIDU
) that the licencor holds a valid decree; (b) that the licencees statutory appeal not be rendered purposeless; (c) the original licence ... has, however, given an opportunity to the petitioners "to apply for modification of the impugned order" provided a case to that effect ... Cause Courts Act,1882 - Section 34 - Civil Procedure Code - Order 41 - Rule 5 - Constitution of India - Article 227 - Arrangement pending ... The leave#HL....
2023 Supreme(Online)(Bom) 1844 • India - High Court of Bombay
Madhav J. Jamdar, J
(A) Maharashtra Rent Control Act, 1999 - Section 24 - Leave and Licence Agreement - Petitioners challenged the impugned order setting ... aside their eviction order, contending that the agreement with respondents is conclusive evidence under explanation (b) of Section ... as owners, must be reinstated, emphasizing the importance of formalities in property transfer and the significance of registered agreements#HL_....
1972 0 Supreme(AP) 69 • India - Andhra Pradesh
P.RAMACHANDRA RAJU, A.GANGADHARA RAO, A.SAMBASIVA RAO
license and (c) from outside State by import Condition No. 3 in D S XI license also is practically to the same effect. ... any source of his choice mentioned in the conditions of the licence. ... The quantity which may be possessed by the licencee during a particular year is mentioned in the licence. ... These licences are granted only for a period ending#HL_E....
2025 Supreme(Online)(Bom) 1791 • India - High Court of Bombay
MADHAV J. JAMDAR, J
of licence is conclusive evidence of the facts stated therein. ... The court noted that licensees cannot contradict terms of the written agreement. ... Commissioner erred in ordering trial without considering the conclusive evidence provision of Section 24, which mandates that a written agreement ... The common issue which arises in both the petitions is regarding the effect of non- registration of the agreement#....
1999 3 Supreme 485 • India - Supreme Court
G.B.PATTANAIK, M.B.SHAH
The agreement is a deed of leave and licence and not a lease. ... The plaintiff executed a leave and license agreement in favour of the defendant under which the defendant was allowed to run the ... The said clause is in positive as well as negative form providing that the agreement was a licence and should not be treated or used ... By an ag....
1981 0 Supreme(SC) 6 • India - Supreme Court
BAHARUL ISLAM, O.CHHINNAPPA REDDY, R.S.PATHAK
granted former "leave and licence" for use of their two studios and other premises described in list I annexed to agreement and ... and licence" agreement - Appellant Studios (P) Ltd., and first respondent Studios, a firm entered into an agreement by which latter ... machineries, equipments, property setting materials etc. mentioned in list No: 2 annexed to agreement - ....
1996 8 Supreme 647 • India - Supreme Court
K.S.PARIPOORNAN, B.P.JEEVAN REDDY
The licencee pays the rental and excise duty as undertaken by him under the agreement/contract executed by him and as required by ... It is a case where the consideration payable by the licencee for grant of licence is made up of monthly rental plus excise duty besides ... conditions of the licence under which he is doing business, i.e., as and by way of consideration. ... It is, in truth and ef....
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