Licence and Licensee

2019 MLD 1955 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Revocation of licenceScope

Plaintiff assailed direction of Regulatory Authority whereby it had directed the plaintiff to pay certain amount of sum as compensation to the families of deceased and injured persons involved in a road accident

Regulatory Authority had during pendency of suit cancelled the license of plaintiff for non-compliance of said direction

Validity

Everyone had a right to enjoy freedom of doing lawful business and trade but at the same time he was obliged to follow the law, regulating/governing such right

Negligence or violation of obligation/duty exposed him to legal action, but compliance with regulations could not be achieved unless authorities were always on their toes to ensure a sense of fear prevailed in public that no single negligence/violation would go unchecked

Plaintiff had consented to proposal of restoration of its license by Regulatory Authority on payment of compensation amount

Purpose of the suit stood served and the same was dismissed as such.

2013 CLC 1850 PESHAWAR-HIGH-COURT Judicial Precedent

Ss. 51, 105 & 111Qanun-e-Shahadat (10 of 1984), Arts.17 & 79Civil Procedure Code (V of 1908), O.VI, R.7Suit for possessionLease deedLicence and licenseeImprovement made by bona fide holders of lease under defective titlesBurden of proofScope

Contention of plaintiff was that disputed house had come to his ownership through domestic arrangement (partition) and defendant was his tenant

Defendant contended that he had constructed the house in question

Suit was dismissed concurrently

Validity

Plaintiff had served upon defendant notice under S.111 of the Transfer of Property Act, 1882, which had not been denied

Plaintiff had not succeeded to substantiate lease deed through evidence

Solitary attesting witness had neither affirmed the execution of lease deed nor verified the signing of the same

Plaintiff had not succeeded to substantiate that defendant had paid any premium with regard to disputed house

Partition deed in respect of ownership of the plaintiff also remained unproved and plaintiff had failed to either prove himself as lessor and the defendant as lessee

Both the parties had not discharged their burdens with regard to the facts alleged and denied in the pleadings

Documents relied by the plaintiff in evidence were never alleged nor mentioned in the plaint

Defendant had failed to substantiate his plea of ownership who had never alleged in his pleading that another person was owner of the suit house and he could not be allowed to agitate such plea in cross statement

Plaintiff had been incorporated in the revenue record as owner of the disputed house which was constructed by the defendant with the permission of another co-owner

Defendant would not be a lessee but a licensee of the disputed house which had attained the status of village Abadi

Revision was partially allowed with the findings that the defendant be compensated in terms of improvement made with regard to disputed house who would vacate the same.

2010 CLC 4 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Art. 199Constitutional petitionLicence and licensee

Provincial/Home Secretary cancelled Arms dealership licences issued in the name of a company, which was being operated by the petitioners under other names

Licences were cancelled on two grounds; firstly that several F. I. Rs. were registered against the petitioners alleging the issuance of false licences; secondly that petitioner had acquired the dealership licence of a private company under a different name

Out of seven F.I.Rs. petitioners had been able to obtain acquittal and/or discharge of five F.I.Rs. and remaining two F.I.Rs. were pending

High Court ordered that if the petitioners were able to exculpate themselves from all criminal cases registered against them, they could approach Home Secretary for considering in accordance with law the revival/restoration of the licences which stood cancelled under impugned order

Second ground would have to be decided afresh by the Home Secretary

Cancellation of the licences would be held in abeyance until a decision by the Home Secretary on the said point was made in that matter

Petitioners were granted six months time to clear themselves of the criminal cases registered against them in order to approach Home Secretary

Beyond that they would lose the right to claim revival of their cancelled dealership licences.

2007 YLR 1082 KARACHI-HIGH-COURT-SINDH Judicial Precedent

'Licence'Connotation'Licence' and "easement'Distinction

Under the law "licence." was a personal privilege to do some particular act or series of acts on the land without possessing any estate or interest therein and was ordinarily revocable at the will of licensor and was not assignable

Lincence was not a contract between the licensor and licensee, but a mere personal permit

Licence, in circumstances was distinguishable from an "easement", which implied an interest in the land and a "Lease" or right to take the profits of land whereas a legal right in its strict sense was one which was an ascertainable claim, enforceable before courts and administrative agencies

Legal right, in its widest sense, had to be understood as an advantage or benefit conferred upon the person by a rule of law

Legal right was a right of a party recognized and protected by a rule of law, violation of which would be a legal wrong done to his interest and respect for which was a legal duty, even though no action might actually lie.

2005 YLR 1600 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Issuance of licence, cancellation of

­Licence for installing and running small grinding mill known as 'Chakki', duly issued to petitioner' by Tehsil Municipal Officer, was cancelled by Tehsil Nazim and said order of cancellation of licence was upheld by District Co-ordination Officer

­Grievance of petitioner, who filed Constitutional petition against order of cancellation, was that he had not violated any term and condition of licence and that licence was granted to him after verification of facts and ground realities"

Respondent contended that if petitioner undertook to comply with terms and conditions of the licence specially with regard to closing of "Chakki" at the time of saying of prayers and lessening of noise, Tehsil Nazim would have no objection to restore his licence

­Petitioner present in Court having undertaken to abide by the terms and conditions offered to him, order cancelling licence of petitioner was set aside and same was restored with observation that in case of violation of terms and condition, in future petitioner would be liable to be proceeded against strictly in accordance with law

Constitution of Pakistan (1973), Art. 199.

2003 SCMR 50 SUPREME-COURT Judicial Precedent

Licence and Licensee"Licence"Connotaion

"Licence" is a permission granted by one to another to do some act or enjoy certain privilege and is not a creation of contract and does not confer any right upon licensee to create any interest etc.

2000 SCMR 1181 SUPREME-COURT Judicial Precedent

Licence and Licensee Notice to vending stall holders, at railway station from the Railways Authorities intimating that public auction of the vending stalls was to be held on a specified date

Validity of notice

Status of the vending stall holders was no better than licensees as admittedly there was no agreement of tenancy between any of the stall holders and the Authority

1f the Authority in the larger interest had decided to do away with the practice of renewal of existing licences in favour of stall holders, no lawful exception could be taken to the course of action adopted by the Authority

Existing stall holders had no vested right of holding perpetual licence to carry on their business without the participation of any one else

Such licences, in law were always revocable after reasonable notice and in due process of law.

1993 CLC 2344 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Licence and Licensee Natural justice, principles of

Where licence issued to licensee for a fixed period of three years, was to be withdrawn or cancelled on any grounds, licensee was entitled to an opportunity of hearing for which notice should have been issued to him

Grant of licence itself though was not a right, but once same was granted, it would create valuable rights in grantee thereof and same could not be cancelled and withdrawn without affording grantee opportunity of hearing

Act of cancellation/withdrawal of licence of licensee without affording licensee opportunity of being heard before such cancellation and withdrawal was violative of rules of natural justice.