Topic

permissive use

2 articlesLatest 2 weeks ago
Permissive Use by Family Member Cannot Ripen into Adverse Possession; Burden of Proof Never Shifts : Bombay HC
Case Law Analysis
|Bombay High Court

Permissive Use by Family Member Cannot Ripen into Adverse Possession; Burden of Proof Never Shifts : Bombay HC

The Bombay HC ruled that permissive use by a relative cannot mature into adverse possession regardless of duration, placing the burden of proof squarely on the claimant. The court also held that an encroachment suit survives technical defects in property description and that the limitation period does not commence against permissive possession.

Permissive Trademark Use Terminates Upon Breach of Oral Partnership Agreement | Delhi Zaika v Zidz Hospitality : Bombay HC
Case Law Analysis
|Bombay High Court

Permissive Trademark Use Terminates Upon Breach of Oral Partnership Agreement | Delhi Zaika v Zidz Hospitality : Bombay HC

The Bombay High Court ruled that even verbal consent to use a registered trademark ceases automatically when the underlying partnership agreement is breached, reinforcing that trademark licensing cannot persist beyond the life of its foundational arrangement. This sets a critical precedent for franchisees, joint ventures, and informal brand collaborations in the F&B sector, where oral understandings are common but legally fragile.