Page 91 YT Channel – YES Academy for CS In Karma, I Believe.... Marathon Notes 91 These are the agreements which we generally come across while surfing internet such as “I AGREE” to the terms or “I DISAGREE” to the above conditions. A click-wrap agreement is mostly found as part of the installation process of software packages. It is also called a “click through” agreement or click-wrap license.
Shrink Wrap Agreements:
Shrink wrap contracts are license agreements or other terms and conditions which can only be read and accepted by the consumer after opening the product like CD ROM of software. The terms and conditions are printed on the cover of CD ROM.
Electronic Data Interchange (EDI):
These contracts used in trade transactions which enables the transfer of data from one computer to another in such a way that each transaction in the trading cycle can be processed with virtually no paperwork. Here unlike the other two there is exchange of information and completion of contracts between two computers and not an individual and a computer.
LEAVE AND LICENCE AGREEMENT
The process of eviction of tenants is generally difficult. The law is tilted in favour of the tenant for various purposes.
Generally it is being witnessed that a person having a vacant apartment will never rent it out fearing what if the tenant decides not to vacate and makes the apartment his own. That is why tenancy has been put on the backburner and Leave and License is now the most popular option.
The word “leave” has many meanings. In Leave and License Agreements, it is used to indicate “permission”. The occupancy is in essence a permission granted by the landlord or owner to use and occupy the property concerned.
LEASE, LICENCE AND RENTAL AGREEMENTS
“License” under Section 52 of the Indian Easement Act, 1882 is a grant by one person to another or to a definite number of persons, a right to do, or continue to do, in or upon the immovable property of the grantor, something which would, in the absence of such right, be
CS Vikas Vohra (8888 078 078) YES Academy for CS, Pune (8888 235 235)
Page 92 YT Channel – YES Academy for CS In Karma, I Believe.... Marathon Notes 92 unlawful, and such right does not amount to an easement or an interest in the property, the right is called a license.
A lease of immovable property as per Section 105 of the Transfer of Property Act is a transfer of a right to enjoy such property. It may be for a specified period, express or implied. The price or payment of money is usually referred to as the “rent”.
In a Leave and License Agreement, the juridical possession of the premises is deemed to remain with the licensor and the licensee is said to be in constructive possession of the said premises. Thus, a leave and License does not create any interest in the premises in favour of the licensee but gives the licensee the mere right to use and occupy the premises for a temporary period.
A Rental Agreement between the landlord and tenant sets down the terms which will be followed while the tenant lives in the rental unit. Month-to-Month Agreement is commonly called a “Rental Agreement”. This agreement is for an indefinite period of time, with rent usually payable on a monthly basis.
In a number of judgements various High Courts as well as the Apex Court have distinguished the lease and the licnese. In Khalil Ahmed Bashir Ahmed v. Tufelhussein Samasbhai Sarangpurwala, the Supreme Court has held: “In order to determine whether a document created a license or a lease the real test is to ascertain the intention of the parties i.e. whether they intended to create a license or a lease. If the document creates an interest in the property entitling the transferee to enjoyment, then it is a lease; but if it only permits another to make use of the property without exclusive possession, then it is a license.
LEAVE AND LICENCE AGREEEMNT
This Agreement of Leave and License executed on 8th December 2014 at Pune :
BY AND BETWEEN
CS Vikas Vohra (8888 078 078) YES Academy for CS, Pune (8888 235 235)
Page 93 YT Channel – YES Academy for CS In Karma, I Believe.... Marathon Notes 93 A. [Hereinafter referred to as the “Licensor” or “Transferor” and unless the text otherwise expresses, shall include all its legal heirs, representatives, successors, administrators etc. AND
B. [Hereinafter referred to as the “Licensee” or “Transferee” and unless the text
otherwise expresses, shall include all its legal heirs, representatives, successors, administrators etc.]
WHEREAS ‘A’ age 50 years, son of Mr. K is a resident of 2/55, Tulsidas Apartments, 4 Moledina Road, Pune – 411 001.
AND WHEREAS ‘B’ age 45 years, son of Mr. : is a resident of 4, Pearl Apts., Kalyaninagar, Pune – 411 004.
AND WHEREAS ‘A’ is desirous of letting his property on rent on Leave and License basis, which is situated at Boat Club Road, more particularly described in the Schedule to the agreement and accordingly gave an advertisement in the newspaper.
AND WHEREAS ‘B’ referring to the advertisement expressed his interest in taking the said property upon the following terms and conditions under mentioned.
NOW THIS AGREEMENT OF LEAVE AND LICENCE WITNESSETH AS UNDER:
1. Description of the Property That the subject property is situated at 2/55, Chanakya Apts.,Boat Club Road, details of which are particularly mentioned under Schedule to this agreement.
2. Consideration That the said property be transferred by the licensor to the licensee on a monthly rental of Rs. 30,000 (Rupees thirty Thousand only).
CS Vikas Vohra (8888 078 078) YES Academy for CS, Pune (8888 235 235)
Page 94 YT Channel – YES Academy for CS In Karma, I Believe.... Marathon Notes 94 That the licensee agrees to pay an unsecured interest free deposit of Rs. 3,00,000 (Rupees Three Lakhs only) as a security on refundable basis which shall be repaid within 7 days from the Termination of this agreement.
That the said security deposit shall not bear any interest during the tenure of the Agreement.
That the said rent shall be paid in advance by way of cheque within 10 days from the beginning of the month.
3. Tenure That the said agreement shall be effective for a period of 11 months from the date of this agreement. The said agreement may be renewed for a further period of 11 months upon the mutual consent of both the parties.
4. Possession of the Property
That the licensor agrees to pass a clean and clear title over the said property to the licensee and further affirms that no prior right and interest over the said property has been created by him. It is understood between both the parties that it is just the constructive possession which is given to the licencee, legal possession continues to be with the licencor itself.
5. Terms and Conditions
That the Licensee agrees not to make any material alterations in the said property without obtaining prior permission of the licensor.
That all the society rules and regulations shall be strictly abided by the licensee.
That the said property shall be used for residential purposes only.
6. Costs and Charges
That the licensor agrees to pay the Municipal Taxes over the said property. All other maintenances charges and taxes shall be borne by the licensee. The cost of this agreement shall be equally borne by both the parties.
CS Vikas Vohra (8888 078 078) YES Academy for CS, Pune (8888 235 235)
Page 95 YT Channel – YES Academy for CS In Karma, I Believe.... Marathon Notes 95
7. Sub-Lease of the Property
That the licensee in not allowed to sublet the said property to any other person without obtaining prior permission of the licensor.
8. Termination That either parties to the agreement shall have the right to terminate the said agreement by giving a 60 days notice in writing to the other party.
9. Default That in case if any of the clauses of this agreement is breached by the Licensee, the shall be liable to pay a sum of Rs. 5,00,000 (Rupees Five Lakhs) to the licensor as a penalty and accordingly the agreement shall also stand terminated with immediate effect.
10. Dispute That in case of any dispute or disengagement between the parties over any terms of this agreement, the said matter shall be referred to an Arbitrator as appointed under Arbitration and Conciliation Act, 1996. The said arbitrator shall be appointed mutually by both the parties to the agreement.
SCHEDULE TO THE AGREEMENT
The property is rightfully situated at Survey no. 912, plot No. 81, Lane No. 7, Plot measuring 1500 sq.ft. (Built up area) and is surrounded by the following properties as : Towards North : Mr. D Towards South : Subway Towards East : Dominos Towards West : Fasoos
IN THE WITNESS THEREOF BOTH THE PARTIES TO THIS AGREEMENT HAVE JOINED THEIR HANDS TO GIVE EFFECT TO THE SAID AGREEMENT ON THE DATE AS MENTIONED ABOVE.
A ADDRESS Signature of Licensor
CS Vikas Vohra (8888 078 078) YES Academy for CS, Pune (8888 235 235)
2) Name : ___________________ Address : ___________________ Sign. : ___________________
COLLABORATION AGREEMENT
Collaboration refers to cooperation between a party within India and a party abroad. The agreements drawn and executed between such collaborating parties are known as “foreign collaboration agreements. Such agreements are drawn for exchange of technical know-how, technical designs and drawings; training of technical personnel; continuous provision of technical, administrative and/or managerial services.
JOINT VENTURE AGREEMENT
This Agreement of Joint Venture executed on 31st October, 2015 at Pune.
BY AND BETWEEN
MARUTI LTD. (Hereinafter referred to as the “Indian Company” or “Party of the First Part” and unless the text otherwise expresses, shall include all its administrators, representatives, liquidators etc)
AND
SUZUKI LTD. (Hereinafter referred to as the “Foreign Company” or “Party of the Second Part” and unless the text otherwise expresses, shall include all its administrators, representatives, liquidators etc)
CS Vikas Vohra (8888 078 078) YES Academy for CS, Pune (8888 235 235)
