Supreme Court of India
Delta International Ltd. v. Shyam Sunder Ganeriwalla and Anr.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
2 Supreme Court benches have cited this judgment.
What the Court ordered
We hold that the agreement dated 18th July, 1970 is a deed of 'leave and licence' and .not a 'lease'.
Judgment, page 27
From the headnote
Transfer of Property Act, 1882-Sections 105 and 107- Lease or ,,, .:Jnce---Test to determine-Intention of the parties under the agreement .1·i.:ertainment of such intention-Where camouflage is alleged or is apparent the intention has to be gathered from the terms of such agreement-In case of camouflage or attempt to avoid the rigours of any legislation, the mask is to be removed or veil lifted from the self-serving instrument and true intention to be gathered from the relevant circumstances-In cases of cpntracts expressly for licence with exclusive possession of the property, then there
Authorities it was built on
Where later benches applied it
- 2022 Commissioner of Service Tax Delhi v. Quick Heal Technologies Limited
- 2013 Laxmibai (dead) Thr. Lrs. & Anr. v. Bhagwantbuva (dead) Thr. Lrs. & Ors.
Of those, 2 referred to
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