Grant may be express or implied
Section 54 of the Indian Easements Act, 1882 deals with grant may be express or implied. The grant of a license may be express or implied from the conduct of the grantor, and an agreement which purports to create an easement, but is ineffectual for that purpose, may operate to create a license. The Act came into force on 01 Jul 1872.
The grant of a license may be express or implied from the conduct of the grantor, and an agreement which purports to create an easement, but is ineffectual for that purpose, may operate to create a license.
Section 54, The Indian Easements Act, 1882 (Act 5 of 1882).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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The Estate Officer, Eviction Authority, N. L. C. Ltd. , Neyveli vs B. Manoranjitham
Court's Decision & Legal Precedent
A non-transferable license granted to one person cannot be transferred to another person without the formal approval of the licensor. An unauthorized occupant of public premises cannot acquire implied license rights merely through the payment of fees or the conduct of the licensor in collecting such fees. The consistent treatment of a person as an unauthorized occupant, coupled with the licensor's actions to allot the premises to authorized operators, demonstrates the absence of any intention to grant an implied license. Therefore, an unauthorized occupant has no legal right to continue occupation of public premises and is subject to eviction under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971.
On this section: Respondent's counsel cited this section to argue for an implied license, but the court rejected this argument, holding that no implied license could be created in the circumstances of the case.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 54
What have the courts held on Section 54 of the Indian Easements Act?
The Estate Officer, Eviction Authority, N. L. C. Ltd. , Neyveli vs B. Manoranjitham (08 Dec 2016) is the leading judgment on this section among those set out below: Respondent's counsel cited this section to argue for an implied license, but the court rejected this argument, holding that no implied license could be created in the circumstances of the case.
How do I find court cases under Section 54 of the Indian Easements Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Indian Easements Act 1882 54, section 54 Indian Easements Act 1882, section 54 of the Indian Easements Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with The Estate Officer, Eviction Authority, N. L. C. Ltd. , Neyveli vs B. Manoranjitham (08 Dec 2016).
When did Section 54 of the Indian Easements Act come into force?
Section 54 of the Indian Easements Act, cited as Indian Easements Act 1882 54, came into force on 01 Jul 1872, having been enacted on 17 Feb 1882. It is in force as at the date shown on this page.
Other sections of this Act
- 13. Easements of necessity and quasi easements1090 words
- 7. Easements restrictive of certain rights595 words
- 15. Acquisition by prescription592 words
- 4. "Easement" defined428 words
- 47. Extinction by non-enjoyment408 words
- 24. Right to do acts to secure enjoyment358 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.