license
advmarcela
(Querist) 16 February 2015
This query is : Resolved
Dear Sir/Madam
My client has the license for the bar which he has allowed another person in the next house to carry on the business. There is one portuguese document that says its given to next house for x period. The document does not mention much about period, etc?
Please advice me under which act do I file to recover it from that person next door?
Thanks and regards
M. Mesta
advmarcela
(Querist) 16 February 2015
How to take back the possession? Please advice.
prabhakar singh
(Expert) 16 February 2015
Normally BAR licences are not transferable.
Your client has done a wrong.
Your client should surrender his license.
Then the next person would be bound to shut the bar.
The closure of bar shall create premises vacant.
reminder : law in goa is often different hence visit a local senior.
P. Venu
(Expert) 16 February 2015
What has been given to the other person: the premises or the license to the run the bar?
ajay sethi
(Expert) 16 February 2015
consult a local lawyer . read terms and conditions of issue of licence . whether licence is transferable or not . surrender the licence if you dont want him to continue using the same
Rajendra K Goyal
(Expert) 16 February 2015
Consult some senior lawyer in view of local law.
H.M.Patnaik
(Expert) 16 February 2015
Ur first job is to get the pertugeese document translated into english or local language which u can understand . Once this is done, pl. read the clauses stated therin and if you feel your rights have been curbed or violated, u can consult an experienced civil lawyer of ur locality to defend u in propermanner.
Dr J C Vashista
(Expert) 17 February 2015
Better to consult a local senior advocate to read, understand and interpret the clauses of such a licence.
However, as advised by expert Sh. Prabhakar Singh, I fully agree with him since the bar licence cannot be transferred to any one else without proper endorsement, otherwise the license may be revoked/cancelled and licensee be prosecuted.
advmarcela
(Querist) 17 February 2015
Thank you Sir/Madam Mr. Prabhakar Singh, Mr. Ajay Sethi, Mr. P. Venue, Mr. Rajendra Goyal, Mr. H. M. Patnaik, Dr. J. C. Vashista for your kind advice.
T. Kalaiselvan, Advocate
(Expert) 18 February 2015
In my opinion even now you can advise your client to surrender the bar license and once it is, the bar will be shut and he can retrieve possession.
