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Documents citing Associated Hotels Of India Ltd vs R. N. Kapoor on 19 May, 1959

Vaishnavi Sai Shri Mahalaxmi Jagdamba ... vs Purva Vidarbha Mahila Parishad, ... on 22 July, 2021

(29) Applying the test enunciated by the Hon'ble Supreme Court in the case of Associated Hotels of India Ltd Vs R.N. Kapoor (supra) and followed thereafter, in number of judgments of Hon'ble Supreme Court and this Court, it becomes clear that merely because the title of the agreement is 'leave and license agreement', it would not mean that the petitioner necessarily has to be treated even PAGE 19 OF 29 ::: Uploaded on - 22/07/2021 ::: Downloaded on - 23/07/2021 05:17:15 ::: CORRECTED-Judgment WP 3440.2020 and 3635.2020(1).odt prima facie as a 'licensee'. The substance of the agreement and the logical fall out of clauses of the said agreement need to be appreciated in the proper perspective to reach prima facie findings, upon which the Court can come to a conclusion as to whether the petitioner deserves to be granted temporary injunction, during pendency of the suit. If the petitioner fails to make out even a prima facie case to support its contention that the said agreement in substance is a lease agreement, the orders passed by the Courts below cannot be interfered with. A perusal of the said agreement, particularly, the above quoted clauses indicate that the petitioner was granted right to use the said building for a specific period between 07/06/2018 and 06/05/2019, and that the petitioner was to use the said building for the specific purpose of running an Educational Institution.
Bombay High Court Cites 16 - Cited by 0 - M Pitale - Full Document

Vaishnavi Sai Shri Mahalaxmi Jagdamba ... vs Purva Vidharbha Mahila Parishad, ... on 22 July, 2021

(29) Applying the test enunciated by the Hon'ble Supreme Court in the case of Associated Hotels of India Ltd Vs R.N. Kapoor (supra) and followed thereafter, in number of judgments of Hon'ble Supreme Court and this Court, it becomes clear that merely because the title of the agreement is 'leave and license agreement', it would not mean that the petitioner necessarily has to be treated even PAGE 19 OF 29 ::: Uploaded on - 22/07/2021 ::: Downloaded on - 23/07/2021 05:17:20 ::: CORRECTED-Judgment WP 3440.2020 and 3635.2020(1).odt prima facie as a 'licensee'. The substance of the agreement and the logical fall out of clauses of the said agreement need to be appreciated in the proper perspective to reach prima facie findings, upon which the Court can come to a conclusion as to whether the petitioner deserves to be granted temporary injunction, during pendency of the suit. If the petitioner fails to make out even a prima facie case to support its contention that the said agreement in substance is a lease agreement, the orders passed by the Courts below cannot be interfered with. A perusal of the said agreement, particularly, the above quoted clauses indicate that the petitioner was granted right to use the said building for a specific period between 07/06/2018 and 06/05/2019, and that the petitioner was to use the said building for the specific purpose of running an Educational Institution.
Bombay High Court Cites 16 - Cited by 0 - M Pitale - Full Document

Apeejay Surrendera Park Hotels Ltd. And ... vs Union Of India & Ors on 23 March, 2016

29. The Court does not agree with Mr. Bhasin that on the strength of the above decision in Associated Hotels of India Limited v. R.N. Kapoor (supra), the word 'rent' in the present case must be restricted to payment received under a lease, sub-lease or tenancy. That would be contrary to the legislative intent that is apparent from the wide sweep of the words 'any payment' and 'any other agreement or arrangement.' Unlike Section 2
Delhi High Court Cites 35 - Cited by 1 - S Muralidhar - Full Document
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