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1 - 10 of 11 (0.26 seconds)Delta International Ltd vs Shyam Sunder Ganeriwalla And Anr on 9 April, 1999
2. Delta International Ltd. v Shyam Sundar Ganeriwalla &
Anr., reported in 1999(4) SCC 545
C.M. Beena And Anr vs P.N. Ramachandra Rao on 22 March, 2004
3. C.M. Beena & Anr. v P.N. Ramachandra Rao, reported in
2004(3) SCC 595.
Panchugopal Barua & Ors vs Umesh Chandra Goswami & Ors on 12 February, 1997
Mr. Chatterjee submits that the Hon'ble Division Bench after
taking note of the judgment of the Hon'ble Supreme Court in
Panchugopal Barua & Ors. v Umesh Chandra Goswami & Ors.,
reported in 1997(4) SCC 713 has categorically observed in paragraphs
18 and 19 in Madhulata (supra) that the provisions of the Indian
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Easement Act would have no manner of application in the State of West
Bengal.
Itc Limited vs Chowringhee Residency Private Limited on 3 September, 2014
Mr. Roy submits that Mr. Pattanayak had never questioned the
existence of the said agreement nor the receipts with the aforesaid
description issued pursuant to the licence agreement and had paid
licence fees in terms of the said licence agreement. Our attention is
drawn to the cross-examination of Mr. Pattanayak to show that he was
not only aware of the existence of the said agreement and the
relationship that were to follow after the execution of the said
agreement but he has also admitted to have a copy of the said
agreement which he said during his cross-examination that he would
file after consulting with his learned Advocate. This evidence clearly
demolishes the evidence of Mr. Pattanayak in Chief where he has
denied receipt of such agreement or unaware of its contents. Mr. Roy
submits that there is no absolute bar to file a suit for revocation of
licencee and the judgments relied upon by Mr. Chatterjee with regard
to the maintainably of the suit on the ground that Section 52 of the
Easement Act has no manner of application in the State of West Bengal
was never raised either before the Trial Court or before the first
Appellate Court. It was not even urged as one of the grounds of appeal
in the memorandum of appeal. Moreover Justice I.P. Mukherji in ITC v.
Chowringhee Residency Private Ltd. reported in AIR 2015 Cal 37
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has expressly stated that the courts across jurisdiction has applied the
common law principle to decide a claim based on licence.
Section 52 in The Indian Easements Act, 1882 [Entire Act]
Section 60 in The Indian Easements Act, 1882 [Entire Act]
Section 100 in The Code of Civil Procedure, 1908 [Entire Act]
Associated Hotels Of India Ltd vs R. N. Kapoor on 19 May, 1959
In Associated Hotels of India Limited (supra) Justice K.
Subbarao in paragraph 28 of the said report laid down the tests to be
applied to ascertain whether an agreement is lease or licence :-