....4. Learned counsel for the appellant submitted that:1. Learned Single Judge of the High Court was right in holding that the document does not create any lease because the intention of the parties was...revoke the licence in the event of any breach or default on the part of the respondent. (clause 9)10. Clause 11 specifically permits the respondent to carry out business in the name of the appellant which normally would not be permitted if it is not a licence to run the business.11. Clause 12 manifests the intention of the parties that...clauses of the document and the intention of the parties.14. The right given to the respondent to give it on sub-licence was given, as the respondent was only to operate...

.... Property passes when intended to pass.—(1) Where there is a contract for the sale of specific or ascertained goods the property in them is transferred to the buyer at such time as the parties to the contract intend it to be transferred.(2) For the purpose of ascertaining the intention of...the parties regard shall be had to the terms of the contract, the conduct of the parties and the circumstances of the case.(3) Unless a different intention appears..., the rules contained in Sections 20 to 24 are rules for ascertaining the intention of the parties as...

...consideration would be paid later, he retained the registration receipt and did not deliver possession; that it was the intention of parties that title in the property should pass to the appellants and...prove payment of Rs. 17000 or of any part of the consideration; that as no part of the sale price was paid and as the Registration Receipt and possession were retained by the second respondent, the intention of parties was...recorded by the first appellate court, that the appellants had not established the payment of Rs. 17000, after consideration of the entire evidence, affirmed by the High Court in second appeal, does not call for interference, in an appeal under Article 136 of the Constitution in the absence of any valid ground for interference.Re: Questions (ii) and (iii)8. Where the intention of the parties is...

...does not also get the right to exclusive possession. Since the decree for eviction was passed against the respondent in his capacity as tenant of the premises in question, he could have, if at all, avoided that decree only by getting a fresh lease of that premises and not a licence which cannot have the effect of avoiding the decree or superseding or substituting the decree. The intention of the parties clearly...Ramamurthy Subudhi v. Gopinath Naik (1968) 2 SCR 559, AIR 1968 SC 919, this Court relied upon the theory of intention and held that the intention of the parties was...decree created a fresh lease and, therefore, the decree was inexecutable. This plea was rejected and it was held that the intention of the parties, which was the decisive test, was not to enter into the...

.... 2. Five judges of this Court are called upon to determine the validity of the 'Group of Companies' doctrine in the jurisprudence of Indian arbitration. The doctrine provides that an arbitration agreement which is entered into by a company within a group of companies may bind non-signatory affiliates, if the circumstances are such as to demonstrate the mutual intention of the parties to...facts and circumstances; 7 PART B 8 c. Section 7 of the Arbitration Act provides that the defined legal relationship between the parties may be non-contractual as well. Moreover, Section 7(4)(b) indicates that a non-signatory could be bound by an arbitration agreement if in the course of a written communication, it has demonstrated an intention to...premised on the existence of a dispute arising from a defined legal relationship and mutual intention of the parties to be bound by the arbitration agreement. The intention of the non- signatory has to be...

...some earlier transaction in a document does not amount to incorporation in that document of the terms and conditions relating thereto. It was also contended that the High Court failed to look into the intention of the parties who...moveable property or an immovable property, depends upon the facts and circumstances of each case. Primarily, the court will have to take into consideration the intention of the parties (sic party) when it...into consideration the intention of the parties which embedded the machinery and also the intention of the parties who intend alienating that machinery. In the case cited by Mr Verma, this Court in...

...District Judge partly allowed the appeal of the respondents by judgment and order dated 15-12-1988.13. Thereupon the respondents invoked jurisdiction of the High Court by way of filing second appeal under Section 100 of the Code of Civil Procedure, 1908. The High Court was of the view that the intention of the parties was...now well settled that payment of entire price is not a condition precedent for completion of the sale by passing of title, as Section 54 of the Transfer of Property Act, 1882 (“the Act”, for short) defines “sale” as “a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised”. If the intention of parties was...passed to the buyer before payment of the entire price, under Section 55(4)(b) of the Act.18. Normally, ownership and title to the property will pass to the purchaser on registration of the sale deed with effect from the date of execution of the sale deed. But this is not an invariable rule, as the true test of passing of property is the intention of parties. Though...

...compromise decree created a lease or a licence, HELD : The facts that the appellant had filed a suit for eviction of the respondent and the compromise decree enabled him to execute the decree by evicting the respondent, show, that the intention of the parties, which...between the parties the relationship of landlord and tenant or merely that of licensor and licensee the decisive consideration is the intention of the parties. This intention has to be ascer- tained...propositions may, therefore, be taken as well-established : (1) To ascertain whether a document creates a licence or lease, the substance of the document must be preferred to. the form; (2) +,he real test is the intention of the parties-whether...

...and delivery of possession at a future date or the intention of the parties in respect of passing of title, for the purpose of...Income-tax Act, it will be deemed to be a transfer.4. After hearing the learned counsel for the parties I have no hesitation in holding that the properties do not necessarily pass as soon as the instrument is registered, for the true test is the intention of the...section 54 of the Transfer of Property Act, it has been held that, “Sale” is a transfer of ownership in exchange for a price paid or promised or part-paid and part promised. True test is, what is the intention of the parties to...

...settled. He also contended that the partnership deed did not contain any agreement to refer disputes to arbitration. It was specifically contended that clause 16 of the deed of partnership was not an arbitration agreement.4. The learned Judge who heard the application under Section 11, allowed it by order dated 10-7-2001. He held that if the intention of the parties was...:(i) The intention of the parties to enter into an arbitration agreement shall have to be gathered from the terms of the agreement. If the terms of the agreement clearly indicate an intention on the part of the parties to...encourage arbitration. The learned Judge held that clause 16 of the partnership deed was an arbitration agreement. In regard to the objection of Respondents 2 to 6 that they were not parties to either the...

...establish that by this later lease the lessor granted a lease even of these minerals which had been excluded specifically by Clause 16 of the earlier lease, Mr Jha has arrayed in his aid several well established principles of construction. The first of these is that the intention of the parties to...clause, understanding the words used in their strict, natural grammatical sense and that once the intention can be clearly understood from the words in the disposition clause thus interpreted it is no business of the courts to examine what the parties may...portion of the document can be interpreted without the aid of the preamble, the preamble ought not and must not be looked into.12. The correctness of these principles is too well established by authorities to justify any detailed discussion. The task being to ascertain the intention of the parties, the...

...237 the House of Lords held that negotiations between parties previous to the formation of a contract are inadmissible to prove the intention of the parties in case of ambiguity in the terms of the...:“We are to look at the words of the instrument and to the acts of the parties to ascertain what their intention was; if the words of the instrument be ambiguous, we may call in the aid of the act done under it as a clue to the intention of the parties.”And...in Chapman v. Bluck (1838) 4 Bing NC 187 Park, J. said:“The intention of the parties may...

...intention of the parties was the real test for ascertaining the character of a document. Somervell, L.J, had observed:“the solution that would seem to have been found is..., as one would expect, that it must depend on the intention of the parties.”Denning, L.J also reiterated the same decision. Reviewing these decisions Denning, L.T had...observed at page 384 of the report (1) that to ascertain whether a document created a licence or lease, the substance of the document must be preferred to the form; (2) the real test was the intention of the parties — whether...

...Delhi, the licensor agrees that during the remaining period the license shall be transferred to any person with the consent and approval of the licensor subject to charges so obtained not exceeding the monthly charge of Rs 800.”The document no doubt uses phraseology appropriate to a licence. But it is the substance of the agreement that matters and not the form, for otherwise clever drafting can camouflage the real intention of the parties.27...any intention to create a tenancy.”The court of appeal again in Cobb v. Lane (1952) I All ER 1199 considered the legal position and laid down that the intention of the parties was..., as one would expect, that it must depend on the intention of the parties.”Denning, L.J said much to the same effect at p. 1202:“The...

.... The CIT(A) given the finding that the assessee providing details of 287 trucks supplied to army authorities alongwith truck no., names of drivers, date of unloading, licence no. of the drivers and the items carried with quantity. The question involved is not these details. The question is genuineness of these details. The CIT(A) requires to go beyond the documents to find out the real intention of the parties. Usually...will proceed on the basis of professed intention, but if that is under doubt or disputed or challenged, then one has to find out the real intention of the parties by.... The Tribunal held as under:-“13. We have heard both the parties and perused material on record. In this case, originally, this was set-aside to the file of CIT(A) by the Tribunal vide...

...present appeal seeking specific performance of the agreement to sell the property in question for Rs 7000. In the plaint the plaintiff set out the circumstances pertaining to the transaction and asserted that it was a transaction of mortgage. The real intention of the parties was...factors clearly spell out the real intention of the parties that it was a transaction of mortgage to secure the sum of Rs 7000 at approximately 13½ per cent interest. But then it is not necessary to...examine this dimension of the matter inasmuch as the plaintiff has not prayed for redemption though in the plaint an averment has been made that the real intention of the parties was to create a mortgage...

...that at the time of the compromise, half of the shop had been vacated and its possession delivered to the decree-holder as stated in the compromise petition. In order to appreciate the intention of the parties to...discharge of the decree. What actually takes place depends on the intention of the parties to the compromise. And the intention has to be gathered from the terms of the compromise and the surrounding circumstances including the order recorded by the court on the basis of the compromise.7. In the instant case, para 1 of the compromise petition quoted above and the order of the executing court recording the compromise are important and disclose the intention of the parties. Para...and given its possession” and time was granted till December 31, 1972 for vacating and delivering possession of the other half of the shop as the judgment-debtor wanted time till then lest his business “will be ruined by vacating the shop in hurry”. This clearly shows that the intention of the parties was...

...” in clause 5 has to be construed as “shall”. According to the petitioner's counsel, that is the true intention of the parties. The question then is as to what is the intention of the parties. The...there is a sole arbitration clause couched in mandatory language, it is not preceded by a clause like clause 4 which discloses a general intention of the parties to go before a civil court by way of suit.... Thus, reading clause 4 and clause 5 together, I am of the view that it is not the intention of the parties that arbitration is to be the sole remedy. It appears that the parties agreed that they can...