Supreme Court of India
Prabhudas Damodar Kotecha & Ors. v. Manhabala Jeram Damodar & Anr.
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3 Supreme Court benches have cited this judgment.
What the Court ordered
We hold that both the above conditions are satisfied, then Small Causes Courts will have the jurisdiction to entertain the suit in question, provided the expression "licensee" means and include "gratuitous licensee" also.
Judgment, page 28
From the headnote
PRESIDENCY SMALL CAUSE COURTS ACT, 1882: s. 41 (1) - Suits or proceedings between licensors and licensees - Suit for eviction of gratuitous licensee - Held: Is maintainable before the Small Causes Courl ., Expression 'licensee' used in PSCC Act is a term of wider imporl intended to bring in a gratuitous licensee as well and is used in general 0 sense of term as defined in s. 52 of Easements Act - It does not derive its meaning from the expression 'licensee' as used in sub-s. (4A) of s. 5 of Rent Act Bombay Rents, Hotel and . Lodging House Rates (Control) Act, 1947 - ss. 5(4- ) and 15- -
Authorities it was built on
- 1988 Kehar Singh & Ors. v. State (delhi Admn.)
- 1978 High Court of Andhra Pradesh and Ors. v. V.v S. Krishnamurthy and Ors.
- 2005 State of Himachal Pradesh v. Pawan Kumar
- 1971 Sohan Lal Naraindas v. Laxmidas Raghunath Gadit
- 1995 Mansukhlal Dhanraj Jain and Ors. Etc. v. Eknath Vithal Ogale Etc.
- 2004 Ahmedabad Pvt. Primary Teachers' Association v. Administrative Officer and Ors.
- 2002 Bhaiji v. Sub Divisional Officer, Thandla and Ors.
- 1990 Rohit Pulp and Paper Mills Ltd. v. Collector of Central Excise, Baroda
- 2001 District Mining Officer and Ors. v. Tata Iron and Steel Co. and Anr.
- 1960 State 0]' Bombay & Others v. The Hospital Mazdoor Sabha & Other
- 2001 Gurudevdatia Vksss Maryadit and Ors. v. State of Maharashtra and Ors.
- 2004 C.M. Beena and Anr. v. P.N. Ramachandra Rao
- 2007 State of Rajasthan v. Babu Ram
- 1969 National & Grindlays Bank Ltd. v. The Municipal Corporation of Greater Bombay
- 2000 M/s. Brindavan Bangle Stores and Ors. v. The Assistant Commissioner of Commercial Taxes and Anr.
- 1993 State of Punjab and Ors. v. Brigadier Sukhjit Singh
- 1987 Bank of India v. Vijay Transport and Others
- 1976 Tata Engineering & Locomotive Company Ltd. v. Gram Panchayat Pimpri Waghere
- 2003 Chandy Varghese and Ors. v. K. Abdul Khader and Ors.
- 1997 Surendra Kumar Jain v. Royce Pereira
Where later benches applied it
- 2019 Mahadev P Kambekar (d) Tr. Lrs. v. Shree Krishna Woolen Mills Pvt. Ltd.
- 2021 M/s Orator Marketing Pvt. Ltd. v. M/s Samtex Desinz Pvt. Ltd.
- 2017 Excel Crop Care Limited v. Competition Commission of India and Another
Of those, 1 relied on · 2 mentioned
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