Licensing

What is Licensing Laws?

What is the need for Licensing Laws?

How is Licensing Laws legally recognized in India?

What are the different types of Licenses?

What is Lease and License?

Vidhikarya will help you find a most suitable lawyer, for you in your city, who will be able to answer all your Licensing Laws related queries and also guide you on how to resolve this matter with ease.

About the Licensing Laws

As per Black’s Law Dictionary, License refers to (i) as per the law of contracts a permission, accorded by a competent authority, conferring the right to do some act which without such authorization would be illegal, or would be a trespass or a tort (ii) as in real property law an authority to do a particular act or series of acts upon an- other's land without possessing any estate therein, (iii) as per international law, Permission granted by a belligerent state to its own subjects, or to the subjects of the enemy, to carry on a trade interdicted by war.

As per Indian Law, the governing act for licenses is the Indian Easement Act 1882 (hereinafter referred to as the Act). According to Section 52 of the Act, license is a permission by one person to the other or a group of people to carry out any activity on the property of the grantor, which without such permission from the grantor would be considered unlawful.

There are two major forms of licenses, Bare License and License coupled with a grant.

1. A bare license can be characterized as a personal consent which is allowed with no consideration. A bare license can be renounced whenever. A bare license acts as a resistance to the act of trespass. On the off chance that a man is permitted to enter a property for some specific reason, yet on entering the property accomplishes something unique, it'll be considered as an act of trespass. When one gathering awards another gathering to bear on a few activities on the land without changing the nature of the land, it is a bare license.

2. A license combined with grant or interest implies that the consent is given to bear on activities in the property or premises of the other to earn some benefit and endeavour the interest given in the land. For example, the administration offers license to contractors to enter a forested region to gather timber. A license combined with a grant is assignable, and it additionally can't be renounced whenever. The gatherings must give each other some sensible time before the consent is renounced.

As per Indian policies, granting of a license are governed by Section 53 & 54 of the Act. Section 53 deals with the question of who can grant licenses. Section 54 of the Act gives recognition to granting of a licence in both express & implied manner.

A lease and a license are two separate legal ideas that offer distinctive rights and duties. A lease is an understanding between a landlord and a tenant that gives the tenant a selective enthusiasm for a property. A license is authorization from the proprietor to a licensee to do something on the proprietor's property.