AI Overview...
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Gratuitous Licensee - A license can be purely personal, gratuitous, or contractual. Such licenses are generally non-transferable and personal rights that do not create enforceable interests unless they involve work of permanent character or material consideration. In some cases, a gratuitous licensee, such as a family member occupying property with the owner's permission, may have limited rights. Francis s/o. Bennadic DSouza VS Andrew alias Jairon s/o. Bennadic D'souza (Dead by L. Rs. ) - Bombay
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Licensee Rights and Transferability - A licensee under section 41 of the law is typically not a bare gratuitous licensee but one supported by consideration. Gratuitous licensees are usually not protected under certain statutory provisions and lack enforceable rights. Licenses granted without consideration are personal and generally non-transferable, unless law or specific circumstances permit. Ramesh Dwarkadas Mehra and others VS Indravati Dwarkadas Mehra and others - Bombay, Associated Building Co. Ltd. . and others VS Union of India and others - Bombay
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Gratuitous Licensee and Possession - A licensee may possess property for proper enjoyment, but such possession under a gratuitous license is generally not transferable. The rights are personal and do not extend to heirs or transferees unless explicitly provided. For example, licenses granted for public or community service (e.g., for landless scavengers) are considered gratuitous transfers and are non-transferable. Gouri VS Xavier @ Benny - Kerala, Overseas Chinese Cuisine (India) Pvt. Ltd. . and another VS Municipal Corporation of Greater Bombay and others - Bombay
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Nature of Gratuitous Transfers - Gratuitous licenses or transfers, such as membership rights or licenses for property use, are typically non-transferable and personal. They are based on trust or permission without creating enforceable property rights. In legal contexts, these are distinguished from transferable rights like shares or easements, which may require explicit legal provisions for transfer. State of West Bengal VS Calcutta Club Limited - Supreme Court, Associated Building Co. Ltd. . and others VS Union of India and others - Bombay, Commissioner of Income Tax VS United Breweries Limited - Karnataka
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Transferable Development Rights (TDR) - TDRs related to heritage buildings or development rights are permitted to be transferred within the same ward or area. Such transfers are subject to government approval and are considered a form of gratuitous or permitted transfer, not an absolute property interest. Overseas Chinese Cuisine (India) Pvt. Ltd. . and another VS Municipal Corporation of Greater Bombay and others - Bombay
Analysis and Conclusion:
Gratuitous licenses and transfers are primarily personal, non-transferable rights granted without consideration. They are enforceable only under specific conditions, such as work of permanent character or statutory support. Generally, such licenses do not create transferable property interests, and their transferability depends on explicit legal provisions or specific circumstances. In legal practice, distinguishing between gratuitous and contractual or consideration-supported licenses is crucial for determining enforceability and transfer rights.
Search Results for "Gratuitous Licensee Transferable"
2008 0 Supreme(Bom) 905 • India - Bombay
A.P.BHANGALE
A license may be purely personal, gratuitous or contractual. ... -A license is irrevocable only in those discerning few cases if the licensee acting upon the license has executed some work of permanent ... on the basis whereof the licensee has erected the works of a permanent character. ... In the instant case, it appears that it was gratuitous at the instance of mother as one brother, who is owner of the suit plot, allowed his another brother to occupy a portion of t....
2001 0 Supreme(Bom) 452 • India - Bombay
B.N.SRIKRISHNA, RANJANA DESAI
a suit against a gratuitous licensee for recovery of possession of immovable property. ... There is another consideration on which we are inclined to take the view that the "licensee" contemplated under section 41 is not a bare gratuitous licensee, but must be licensee whose licence is supported by material consideration. ... The Court held that the defendant was a gratuitous licensee and, therefore, not entitled to protection of sections 4-A and 15-....
2018 0 Supreme(MP) 1019 • India - Madhya Pradesh
ROHIT ARYA
and gratuitous licensees. ... status - Gratuitous licensee - Trespasser - Suit maintainability - Charity Commissioner's permission - Pleadings and evidence(2000) 4 SCC 119, Anima Mallick vs. ... Further, the status of ‘gratuitous licensee’ has been explained by the Hon’ble Supreme Court reported in (2017) 2 SCC 759, Behram Tejani and others vs. ... The defendants No. 1, 4 and 5 are licensee and ‘gratuitous licensee of the suit prope....
1993 0 Supreme(Bom) 324 • India - Bombay
M.L.PENDSE, A.P.SHAH
licensee-Licence having no enforceable right cannot be construed as right to attract provisions of Section 3 (2). ... Section 3 (2)-Easement Act, 1882, Section 52-Sick Mill-Undivided and undevarcated portion of a premises by-Mill not a tenant-Same is gratuitous ... It is well settled that the licence granted is a personal right and is neither heritable nor transferable. Shri Kapadia did not dispute that the licence is not transferable by act of parties but urged that licence can be transferred by operation of law. ... Se....
2012 0 Supreme(Ker) 932 • India - Kerala
THOMAS P.JOSEPH
A licensee also can have some sort of possession (though under the licensor) for the proper enjoyment of the license. Ext. A1 specifically authorizes the appellant to possess and enjoy the property. ... It is held that such a claim or privilege is not transferable. ... 22. The Scheme the Corporation had evolved was for the advantage of the landless scavengers belonging to the Scheduled Caste Community. ... A1 could betaken as a gratuitous transfer in favour of the appellants for the service done by their predecessor in i....
1961 0 Supreme(P&H) 180 • India - Punjab and Haryana
TEK CHAND
where a third person is entitled to the benefit of an obligation arising out of contract and annexed to the ownership of immovable property, but not amounting to an interest therein or easement thereon, such right a obligation may be enforced against a transferee with notice thereof or a gratuitous ... Para 16 of the agreement runs as under- "Nothing herein contained shall be construed to create any right, easement or tenancy in favour of the said licensee over, or of that portion of the land occupied by the said line of Railway upon or adjacent to which t....
1994 0 Supreme(Bom) 210 • India - Bombay
V.A.MOHTA, D.K.TRIVEDI
nbsp;They seem to self imposed and are to the effect that (i) the new equity shares to be allotted to UL are not transferable ... In the properties mentioned in Clause 1.7(d) the TOMCO had no more rights than that of licensee which as held by this Court in the ratio of (The Associated Building Co. Ltd. and others v. ... Union of India and others)6, in Petition No. 270 of 1984, decided on 20th July, 1993 by Division Bench of this Court, were not transferable and were not assets of TOMCO and hence were not included in the balance-sheet of T....
1999 0 Supreme(Bom) 562 • India - Bombay
M.B.GHODESWAR, B.N.SRIKRISHNA
Grant of Transferable Development Rights in case of loss of Development Rights. ... The Transferable Development Rights (T.D.R.) from heritage building in the island city is permitted to be consumed in the same ward from which it originates. ... All that the learned Counsel for the petitioners was able to show was correspondence with the State Government ending with the gratuitous advice that the petitioners may approach the Municipal Commissioner for appropriate decision in the matter. ... The Restaurant and Bar have been running from 1....
2019 8 Supreme 553 • India - Supreme Court
R.F.NARIMAN, SURYA KANT, V.RAMASUBRAMANIAN
The above definition brings out the idea of reciprocity as the distinguishing mark; it is the gratuitous promise that is unenforceable in English law.” 38. ... The membership is not transferable like the right of shareholders. There is the provision for expulsion of a Member under certain circumstances which feature never exists in the case of a shareholder holding shares in a Limited Company. The membership is fluid. ... The question was whether a license was required under the Licence Act, 1872, to sell liquor by retail. ... The legisl....
2010 0 Supreme(Kar) 23 • India - Karnataka
D.V.SHYLENDRA KUMAR, N.ANANDA
... (p) To make, draw, accept, endorse and execute promissory notes, bills of exchange, charter parties, bills of lading, warrants, debentures and other negotiable or transferable instruments. ... With regard to the allowances towards offering a guarantee, submission is that the obligations are not as a result of direct commitment or obligation rendered by the assessee itself and as part of a business necessity, but more by way of a gratuitous undertaking by the assessee – company even when there ... ... (i) To purchase or otherwise acquire any patents, b....
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