Kenneth Gonsalves wrote:
i suggest you read the Indian Contract Act. Court will not uphold anything where no consideration (payment) has passed.
you have not paid for the license, you have no remedy in court. I suggest you read the relevant sections of The Transfer of Property Act and the Indian Easements Act. For example, I own some land and allow (give a license to) the local cricket association to use it for cricket without payment. They build a stadium. I revoke the license without cause. They cant get compensation for their stadium. If they had paid for the license, i could still revoke without cause, but then they have a case for compensation. Good faith etc etc only applies if you have paid for the license. And the GPL nowhere promises that the license given is not revocable.
There is a doctrin in contract act that says that a promise made can be enforced even without consideration if the person to whom the promise is made has acted in good faith and made a financial commitment. If you give a license to the association and they build a stadium, you will have to compensate them if you withdraw the license before the period promised in the license.
There were examples of this doctrine given in our text books when we studied law.
Regards Saswata
--regards
Kenneth Gonsalves Associate, NRC-FOSS lawgon@au-kbc.org http://nrcfosshelpline.in/web/