Section 52 in The Indian Easements Act, 1882
52. License defined
.Where one person grants to another, or to a definite number of other persons
licensee under sub-section (4A) of Section 5 of the Rent
Act and Section 52 of the Indian Easement Act are not pari materia. Under ... section (4A) of Section 5 , there cannot be a licence unsupported by the
material consideration whereas under Section 52 of the Indian Easement Act
payment
occurring in Section 41 of PSCC Act cannot be read in general sense or as defined under Section 52 of the Easement ... meanings as reflected under Section 5(4A) of the Rent Act or under Section 52 of the Easement Act or a dictionary meaning. He submitted
sense the expression license has been defined in Section 52 of the Easements Act, 1882.
9. Before we deal with these contentions, it is necessary ... that the payment of fees for licence as defined in Section 52 of the Easements Act, 1882, is a contractual obligation, while the payment
Section 105 of the
Transfer of Property Act, 1882 or a license
under the provisions of Section 52 of the
Indian Easements ... much less the character of a
licensee as defined under Section 52 of the Easements
Act, but he is residing simpliciter as a member
Stamp Act at all, but it is defined in Section 52 , Easements Act, as follows:
Where one person grants to another, or to a definite ... transaction would not be a mere license within the scope of Section 52 , Easements Act, as a license does not confer exclusive possession and enjoyment
envisaged under Section 105 of
the Transfer of Property Act, 1882 and section 52 of the
Indian Easements Act, 1882 respectively.
Section ... lease and
license is marked by the last clause of Section 52 of the
Easement Act as by reason of a license, no estate
Indian Easements Act, 1882 was brought into force from 17th February 1882. This Act deals with easements and licence. Section 52 of the Indian Easements ... Section means the same thing as the formal word "licence" used in Section 52 of the Indian Easements Act, 1882. A "licence
position would not be of a licensee either under section 52 of the Indian Easements Act or under section 5 (4-A) of the Bombay ... Bombay Rent Act. He is a rank trespasser.
23. Section 52 of the Indian Easements Act defines licence:---
"Where one person grants to another
consequence of the definition of a licence contained, in Section 52 , Easements Act; but this aspect of the matter does not appear to have been