Arms Act, 1959, Section 21(1) -- Expiry of licence - Failure to deposit arm immediately after expiry of licence cannot result in licensee being compelled to face criminal prosecution - Expression `without unnecessary delay' in provision is vague - Moreover, Arms Rules provides that application can be submitted after expiry of licence, if period between date of expiry of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from interfering with peaceful possession of plaintiff over suit property - Relationship between parties was of a licensor and licensee agreement - Actual possession remained with defendants - Licensee agreement specifically prohibited any changes in nature of property and..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that plaintiff is deemed tenant/protected licensee of first defendant - Plaintiff and first defendant entered into agreement for conducting the business and plaintiff has taken over business under the agreement - Admittedly, first defendant is in possession of property from defendant No.2 - Agreement of..........
Electricity Act, 2003, Section 2(47), 2(15), 2(17), 42 -- Open Acess - Consumer - Jurisdication - Any person who receives electricty from licensee or whose premises are connect to distribution system is consumer - Since distribution licensees operate within state boundaries regulation of open access for consumer falls squarely within state comission jurisdication...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Not maintainable at the instance of licensee after determination of license...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiff is only a licensee - Licence in favour of plaintiff does not create any right in the property - However, since plaintiff violated conditions of license and license period already expired, he is evicted from suit property long ago - Plaintiff thus, cannot maintain suit for..........
Specific Relief Act, 1963, Section 38 -- Suit for possession by pre-emption and permanent injunction - Disputed common way was purchased by plaintiff vide sale deed - Defendants had been given right to use common way as a licensee - However, defendant would not use the disputed common way, as plaintiff had already locked it - Suit dismissed...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Relief of ejectment/possession - Lease - Expired due to efflux of time - Wife of tenant staying in suit property as a licensee of her husband by virtue of mutual agreement entered between husband and wife - Such agreement has to be subject to the willingness of landlord to continue with the tenancy -..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Suit for mandatory injunction for seeking possession from a licensee or an unauthorized occupant is maintainable...........
Specific Relief Act, 1963, Section 39, Court Fees Act, 1870, Section 7 -- Mandatory injunction - Licensee or an unauthorized occupant can be asked to vacate the property by filing a suit for mandatory injunction - Once the suit has been valued at a certain value, ad valorem court fee has to be paid mandatorily on the same valuation...........
