Revocation of licence Revocation means termination of the Licence . A Licence revocable at the pleasure of licensor or generator but under the two circumstances it can not be revoked .
Licence when revocable ?
- A licence may be revoked by the grantor unless-
A) It is coupled with a transfer of property and such transfer is in force,
B) The licencee acting upon the licence , has executed a work of permanent character and incurred expenses in the execution.
S.60(a) is based on just and equitable principle . If a licence is coupled transfer of with a transfer of property , the grant or transfer will become useless and without meaning if the licencee is withdraw . it is well established principle that a grantor can not derogate from his own grant.
S.60 (b) is based on the principle of justice and equity. it is closely connected to doctrine of estoppel .
Case law -
A) PRATAPSINGH Vs. DHUMSINGH . AIR-1915 ALL-382
Allahabad high court in this case held that a licence is irrevocable u/s 60(1) it is proved that the tenants of a particular village had been allowed , by the plaintiffs predecessor - interest , to cut firewood free of charge from the land now belonging to the plaintiffs . A suit was filed by the plaintiffs for perpetual injunction restraining tenants from interfering , in any way , in future , with the plaintiffs trees . from this fact , the court construed a licence granted to the tenants to go upon the plaintiffs land and cut the firewood free of charge. the plaintiffs, however , argued that the licence was in any case , revocable. the court negatived this is plea, relying on the provision of this Act and the leading English cases on on the point , and held that since the licence was coupled with a grant , it was irrevocable.
B) ZHUNKA BHAKAR Vs STATE OF MAHARASHTRA 2000.
Bombay high court held that licence for zhunka bhakar are irrevocable in this case government itself had prescribe the plan for the construction of structure to be used as zhunka bhakar centres . the plan sanctioned for the structure leaves no manner of doubt that the structure of temporary nature, and not a work of permanent character as envisaged u/s 60 of the act. moreover , in terms of the agreement executed cost but the permission granted was not in any manner be deemed to covey to the lcencee any right to / or over , or any in interest in the said land are any easement thereof . the petitioner has , therefore given up their easementary right if any, under the agreement , and they cannot now be hard to say that they had accurate esamentary right u/s 60 of the ACT wich render their licence irrevocable S.61 provides for that revocations of a licence may be expressed or implied.
ILLUSTRATIONS-
A, the owner of a field , grants a licence to 'B' to use a path across it . A intent to revoke the licence, locks a gate across the path . the licence is revoked where a licence is revoked , the licencee entitled to reasonable time to leave the property affected thereby and to remove any goods , ewhich he has been allowed to place on such a property where a licence has been granted for a consideration , and the licencecee, without any fault on is own , is evicted by the grantor before he has fully enjoyed under the licence , the right for which he contracted entitled to recover compensation from the grantor.
Licence when revocable ?
- A licence may be revoked by the grantor unless-
A) It is coupled with a transfer of property and such transfer is in force,
B) The licencee acting upon the licence , has executed a work of permanent character and incurred expenses in the execution.
S.60(a) is based on just and equitable principle . If a licence is coupled transfer of with a transfer of property , the grant or transfer will become useless and without meaning if the licencee is withdraw . it is well established principle that a grantor can not derogate from his own grant.
S.60 (b) is based on the principle of justice and equity. it is closely connected to doctrine of estoppel .
Case law -
A) PRATAPSINGH Vs. DHUMSINGH . AIR-1915 ALL-382
Allahabad high court in this case held that a licence is irrevocable u/s 60(1) it is proved that the tenants of a particular village had been allowed , by the plaintiffs predecessor - interest , to cut firewood free of charge from the land now belonging to the plaintiffs . A suit was filed by the plaintiffs for perpetual injunction restraining tenants from interfering , in any way , in future , with the plaintiffs trees . from this fact , the court construed a licence granted to the tenants to go upon the plaintiffs land and cut the firewood free of charge. the plaintiffs, however , argued that the licence was in any case , revocable. the court negatived this is plea, relying on the provision of this Act and the leading English cases on on the point , and held that since the licence was coupled with a grant , it was irrevocable.
B) ZHUNKA BHAKAR Vs STATE OF MAHARASHTRA 2000.
Bombay high court held that licence for zhunka bhakar are irrevocable in this case government itself had prescribe the plan for the construction of structure to be used as zhunka bhakar centres . the plan sanctioned for the structure leaves no manner of doubt that the structure of temporary nature, and not a work of permanent character as envisaged u/s 60 of the act. moreover , in terms of the agreement executed cost but the permission granted was not in any manner be deemed to covey to the lcencee any right to / or over , or any in interest in the said land are any easement thereof . the petitioner has , therefore given up their easementary right if any, under the agreement , and they cannot now be hard to say that they had accurate esamentary right u/s 60 of the ACT wich render their licence irrevocable S.61 provides for that revocations of a licence may be expressed or implied.
ILLUSTRATIONS-
A, the owner of a field , grants a licence to 'B' to use a path across it . A intent to revoke the licence, locks a gate across the path . the licence is revoked where a licence is revoked , the licencee entitled to reasonable time to leave the property affected thereby and to remove any goods , ewhich he has been allowed to place on such a property where a licence has been granted for a consideration , and the licencecee, without any fault on is own , is evicted by the grantor before he has fully enjoyed under the licence , the right for which he contracted entitled to recover compensation from the grantor.
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