AI Overview...
- Licensee and Due Process of Law - A licensee, such as a son staying on a father’s property, cannot be evicted forcibly; eviction must follow legal procedures, and putting a padlock is not lawful. Eviction requires adherence to due process of law (00500031014).
- Legal Interpretation of Due Process - Courts have clarified that 'due process of law' in eviction cases involves formal legal procedures rather than force or self-help measures. For example, revoking a license or terminating possession must be done lawfully, and possession cannot be disturbed without proper legal steps (01900021625, 00300038058).
- Eviction of Licensees - Licensees whose licenses are revoked or terminated can only be dispossessed through due process of law, not by force or illegal means. Courts emphasize that licensee rights are protected, and illegal dispossession violates constitutional and legal standards (02500034208).
- Possession and Legal Proceedings - Possession by licensees or licensees-turned-trespassers remains protected if not evicted through legal procedures. Courts have held that possession obtained or maintained without following due process is unlawful, and any dispossession must be carried out legally (IND_HC_RJHC020522632017).
- Legal Procedures for Dispossession - Formal eviction proceedings must be initiated, and possession can only be lawfully taken away through courts or authorized authorities following due process. Self-help measures like closing premises or forceful removal are unlawful (INDKER00000316107, 01700025745).
- Distinction Between Licensee and Lessee - While licensees have rights that require legal eviction, lessees or licensees cannot be dispossessed without due process, even after lease expiration or termination. Courts stress that legal procedures are essential for lawful dispossession (01100041729, 00300052479).
Analysis and Conclusion
The core principle across the sources is that eviction of licensees or licensees-possessors must be carried out strictly through due process of law. Any attempt to forcibly remove a licensee without following legal procedures—such as court orders, notices, or formal proceedings—is illegal and violates constitutional protections. The courts consistently emphasize that due process includes proper legal notices, proceedings, and adherence to statutory procedures, and self-help measures like padlocking or forceful eviction are unlawful. This ensures the protection of licensee rights and upholds the rule of law in property disputes.
Search Results for "Licensee Due Process of Law"
• India - Crimes
JAY SENGUPTA
– A son stays at father’s property as a licensee – But for evicting him, due process of law has to be taken recourse of – Putting ... in that case – Putting a padlock on main gate of a property is no way to evict a person – Eviction has to be in accordance with law ... An eviction has to be in accordance with law. It is true that a son stays at the father’s property as a licensee. But for evicting him, due process of law#H....
2023 0 Supreme(J&K) 232 • India - Jammu and Kashmir
SANJAY DHAR
The courts also discussed the meaning of 'due process of law' in the context of eviction of a licensee. ... The courts also discussed the interpretation of 'due process of law' in the context of eviction of a licensee. ... - interpretation of 'due process of law' - eviction of licensee Fact of the Case: The plaintiff claimed to be a tenant ... This brings me to the second aspect....
2013 0 Supreme(Kar) 1431 • India - Karnataka
K.N.KESHAVANARAYANA
under due process of law - Licence in respect of suit schedule shop had already been terminated in accordance with law -Held, Possession ... of licensee as such being illegal, he had no right to continue in possession of premises. ... Keshavanarayana, J] Suit for perpetual injunction by licensee against licensor/owner of shop from dispossessing him from shop except ... No. 179/2008 seeking relief of perpetual injunction against the respondent-plaintiff and others restraining them from ....
1996 0 Supreme(All) 213 • India - Allahabad
G.S.N.TRIPATHI
only be evicted through due process of law and not by force. ... Ratio Decidendi: The court held that a licensee whose license has been revoked can only be evicted through due process of ... LICENSEE - EVICTION - U. P. ... adopting due process of law as he is a mere trespasser. ... Obviously, he can be dispossessed only by due process of law. ....
• India - High Court of Rajasthan - High Court Bench at Jaipur
LICENSEE - POSSESSION OF LAND - PERMANENT INJUNCTION Fact of the Case: The plaintiff filed a civil suit against the ... Thus, it is clear that the plaintiff was in possession of 20X19 ft. land of the municipality as a licensee, despite that the trial ... Ratio Decidendi: The plaintiff was in possession of 20X19 ft. land of the municipality as a licensee, despite that the trial ... , without following due process of law. ... , without following due 20 Ft. wide shop....
2021 Supreme(Online)(KER) 44007 • India - High Court of Kerala
N. NAGARESH, J
It emphasized the need for due process in eviction and conditions for reopening, allowing the petitioner to settle dues first. ... Issues: Whether the Municipality had the authority to close the room without following due process and whether the petitioner ... found that no formal eviction proceedings were initiated against the petitioner post-judgment and stressed the necessity of legal process ... As the room was legally allotted to the petitioner, the dispossession of the petitioners from the room ....
2009 0 Supreme(Raj) 2349 • India - Rajasthan
S.P.PATHAK
evicted without following due process of law. ... process of law. ... process of law. ... process of law. ... and from the premises he was liable to be removed without following due process of law? ... process of law plaintiff was liable to be evicted. ... in the kothari of the temple, then also he was not liable to be dispossessed without foll....
2015 0 Supreme(Del) 870 • India - Delhi
MUKTA GUPTA
60(b), 63, 64 - Civil Procedure Code, 1908 - Order 39 Rules 1, 2 - Eviction - Lease - Termination - Scope of - Petitioner is the licensee ... of the respondent - Leave and license was reduced in writing for a period of three years - After expiration of lease, respondent ... Learned counsel for the petitioner contends that even a licensee cannot be dispossessed without due process of law and in view of oral extension of licence agreement for a further period of three years, the terminat....
2024 0 Supreme(Kar) 495 • India - Karnataka
HANCHATE SANJEEVKUMAR
process of law. ... Lease - Distinction between licensee and lessee - Court emphasized that mere resignation does not render settled possession unlawful ... Findings of Court: Plaintiff's possession deemed settled; eviction requires legal process ... Therefore, it was held that due process of law means even though the plaintiff filed suit for permanent injunction that is amounting to due process of law, and hence ....
2002 0 Supreme(Del) 837 • India - Delhi
S.K.MAHAJAN
as a licensee, the termination of the license, and the entitlement to possession by due process of law. ... process of law. ... The court also emphasized the need for possession to be obtained by due process of law. ... T. , Kashmere Gate, Delhi except by the due process of law. ... process of law. ... process#HL_END....
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