a licensee referred to in
Section 14(a)(i) of the TRAI Act, therefore, is a dispute
after a person has been granted a license ... Telegraph Act and has
become a licensee and not a dispute before a person
becomes a licensee under the proviso to sub-section
Telecom Disputes Settlement and Appellate Tribunal to— (a) adjudicate any dispute— (i) between a licensor and a licensee; (ii) between two or more service providers
a
term of wider import so as to mean and include a “gratuitous
licensee” also?
ii) Whether a suit by a “licensor” against a “gratuitous ... that
all suits and proceedings between a landlord and a tenant or a licensor and
a licensee for recovery of possession of premises
a licensee referred to in
Section 14(a)(i) of the TRAI Act, therefore, is a dispute after a
person has been granted a licence ... a licensee only after a person had entered into a
licence agreement and become a licensee and the word “any”
in Section 14(a
difficult to envisage a case where during the subsistence of a licence a licensor can file a suit for the recovery of immovable property from ... suit would be a termination of the licence, the suit cannot be said to be a suit between a licensor and licensee between whom such
a suit be filed before the Civil Court?" This question was answered by the Division Bench holding that a suit by a licensor against ... a term of wider import so as to mean and include a "gratuitous licensee" also?
(ii) Whether a suit by a "licensor
include a paying guest, a member of a
family residing together, a person in the service or employ-
ment of the licensor, or a person ... a legal fiction, deemed to be a tenant and
thus has the protection of Rent Act . In such a case the
dispute between a licensor
A. No. 1699 of 1969 D/- 26-4-1973 (Bom) the Division Bench was also dealing with a dispute between a licensor and a licensee ... society objects and raises a dispute with regard thereto. It was conceded that such a dispute between a licensor and a licensee may 'affect
shall be deemed to be a bar to a party to a Suit, appeal or proceedings, from suing in a competent Court to establish question ... kinds, namely, a bare licence which is a matter of personal privilege and a licence coupled with a grant or interest. While a bare licence
a suit instituted by a person claiming to be a licensee of the premises for an injunction restraining the licensor from recovering the possession ... their wide ambit a suit relating to the recovery of possession between a landlord and tenant and /or a licensor and licensee. Similarly the judgment
