8/6/2019 6[1].6 Licenses

1/17

LICENSES

B.A. LL.B (Hon)

Semester V

Dr. Krishna Pal Malik

M.A., LL.M., DLP, GSET, Ph.D.Asst. Prof. in law, Institute of Law

Nirma University, Ahmedabad

8/6/2019 6[1].6 Licenses

2/17

LICENSES

52. "License" defined53. Who may grant license

54. Grant may be express or implied

55. Accessory licenses annexed by law

56

. License when transferable57. Grantor's duty to disclose defects

58. Grantor's duty not to render property unsafe

59. Grantor's transferee not bound by license

60. License when revocable

61. Revocation express or implied62. License when deemed revoked

63. Licensee's rights on revocation

64. Licensee's rights on eviction

8/6/2019 6[1].6 Licenses

3/17

Definition of license

According to section 52 -

Where one person grants to another, or to adefinite number of other persons,

a right to do, or continue to do, in or upon theimmovable property of the grantor,

something which would, in the absence of suchright, be unlawful, and

such right does not amount to an easement oran interest in the property, the right is called alicense.

8/6/2019 6[1].6 Licenses

4/17

8/6/2019 6[1].6 Licenses

5/17

Grant may be express or implied

According to section 54, The grant of a

license may be express or implied from

the conduct of the grantor, and an agreement which purports to create an

easement, but is ineffectual for that

purpose, may operate to create a license.

8/6/2019 6[1].6 Licenses

6/17

Accessory licenses annexed by law

According to section 55

All licenses necessary for the enjoyment ofany interest, the exercise of any right, areimplied in the constitution of such interestor right. Such licenses are calledaccessory licenses.

Illustration : A sells the trees growing onhis land to B. B is entitled to go on the landand take away the trees.

8/6/2019 6[1].6 Licenses

7/17

License when transferable

According to section 56, Unless a different intention is

expressed or necessarily implied, a license to attend a place

of public entertainment may be transferred by the licensee;

except this, a license cannot be transferred by the licensee or

exercised by his servants or agents.

Illustration : A grants B a right to walk over A's field whenever

he pleases. The right is not annexed to any immovable

property of B. The right cannot be transferred.

Illustration : The Government grant B a license to erect and

use temporary grain-sheds on Government land. In theabsence of express provision to the contrary, B's servants

may enter on the land for the purpose of erecting sheds, erect

the same, deposit grain therein and remove grain therefrom.

8/6/2019 6[1].6 Licenses

8/17

Grantor's duty to disclose defects

According to section 57, The grantor of a

license is bound to disclose to the licensee

any defect in the property affected by the

license, likely to be dangerous to the

person or property of the licensee, of

which the grantor is, and the licensee is

not, aware.

8/6/2019 6[1].6 Licenses

9/17

Grantor's duty not to render

property unsafe

According to section 58, The grantor of a

license is bound not to do anything likelyto render the property affected by the

license dangerous to the person or

property of the licensee.

8/6/2019 6[1].6 Licenses

10/17

Grantor's transferee

not bound by license

According to section59

, When the grantorof the license transfers the property

affected thereby, the transferee is not as

such bound by the license. `

8/6/2019 6[1].6 Licenses

11/17

License when revocable

According to section 60, A license may be

revoked by the grantor, unless -

(a) it is coupled with a transfer of property andsuch transfer is in force,

(b) the licensee, acting upon the license, has

executed a work of a permanent character and

incurred expenses in the execution.

8/6/2019 6[1].6 Licenses

12/17

Revocation express or implied

According to section 61, The revocation of alicense may be express or implied.

Illustrations

A, the owner of a field, grants a license to B touse a path across it. A, with intent to revoke thelicense, locks a gate across the path. Thelicense is revoked.

A, the owner of a field, grants a license to B tostack hay on the field. A lets or sells the field toC. The license is revoked.

8/6/2019 6[1].6 Licenses

13/17

License when deemed revoked

According to section 62, A license is deemed to berevoked -

(a) when, from a cause preceding the grant of it, thegrantor ceases to have any interest in the propertyaffected by the license.

(b) when the licensee releases it, expressly or impliedly, tothe grantor or his representative.

(c) where it has been granted for a limited period, oracquired on condition that it shall become void on theperformance or non-performance of a specified act, andthe period expires or the condition is fulfilled.

(d) where the property affected by the license is destroyedor by superior force so permanently altered that thelicensee can no longer exercise his right.

8/6/2019 6[1].6 Licenses

14/17

Contd.

(e) where the licensee becomes entitled to the absoluteownership of the property affected by the license.

(f) where the license is granted for a specified purpose andthe purpose is attained, or abandoned, or becomesimpracticable.

(g) where the license is granted to the licensee as holding aparticular office, employment or character, and suchoffice, employment or character ceases to exist.

(h) where the license totally ceases to be used as such foran unbroken period of twenty years, and such cessation

is not in pursuance of a contract between the grantorand the licensee.

(i) in the case of an accessory license, when the interest orright to which it is accessory ceases to exist.

8/6/2019 6[1].6 Licenses

15/17

Licensee's rights on revocation

According to section 63, Where a license

is revoked, the licensee is entitled to a

reasonable time to leave the property

affected thereby and to remove any goods

which he has been allowed to place on

such property.

8/6/2019 6[1].6 Licenses

16/17

Licensee's rights on eviction

According to section 64, where a license

has been granted for a consideration and

the licensee, without any fault of his own,

is evicted by the grantor before he has

fully enjoyed, under the license, the right

for which he contracted, he is entitled to

recover compensation from the grantor.

8/6/2019 6[1].6 Licenses

17/17

THANK

YOU