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1 - 9 of 9 (0.40 seconds)Section 108 in The Companies Act, 1956 [Entire Act]
President Of F. 1250 Chowghat Firka ... vs Muthavally Seydali'S Son Valiyakath ... on 16 November, 1951
24. Dy. Government Advocate, Mr. Rafiq, has cited before me
the case of President of F. 1250 Chowghat Firka P.C.C. Co-
operative Society Ltd., A. C. Raman v. Muthavally Seydali's Son
Valiyakath Kaithakkal Kunhi Bara Haji, AIR 1953 Mad 996.
Their Lordships in para 5 has held that the landlord cannot
challenge notice or termination of tenancy but must sue for
damages for willful negligence of tenant. There is nothing in
the section to compel to defendant who has terminated the
tenancy and who has offered to deliver vacant possession and
whose offer has been refused by the landlord on the ground that
the possession shall be taken back only on the payment of Rs.
5,000/- by way of damages. If the tenant fails to comply with
the demand for damages, however, legitimate it might be the
plaintiff will have a right to sue for damages for the negligence,
default or other acts of the defendant.
Tamil Nadu Handloom Weavers??? ... vs Harbans Lal Gupta on 5 December, 2008
21.In the case of "Tamil Naidu Handloom Weavers Society Vs
Harbans Lal Gupta" 2009 (107) DRJ (418), in terms of the lease
deed, the tenant terminated the lease by three months notice and
demanded the balance security deposit from the landlord. The
landlord refused to take back the possession and raised various issues
with respect to non-restoration of the suit property as well as non-
payment of electricity and water charges whereupon the tenant filed a
suit for mandatory injunction and recovery of security deposit. The
landlord made a counter claim for recovery of rent up to the date of
possession as well as damages to the suit property. The High Court
while adjudicating the matter, reiterated that where the tenant vacates
the tenanted premises and notifies to the landlord to take the delivery
of possession, the lease comes to an end and in case, landlord refused
to accept the possession, it would amount to delivery of possession
and the possession shall be deemed to have been delivered to the
landlord.
Kamal Mangla & Ors. vs Tata Finance Ltd. on 11 March, 2011
22.In the matter of "Kamal Mangla Vs TATA Finance Ltd." 2011, ILR
(3) Delhi 682, the High Court of Delhi held that in case the lease is
validly terminated, the tenant is not under an obligation to pay rent
CS 611862/2016 DIC India Ltd. Vs Gurdeep Kaur
Counter Claim 43/2018 Gurdeep Kaur Vs DIC India Ltd.
Hs Bedi vs National Highway Authority Of India on 22 January, 2016
after the offer of possession to the landlord. The said view point has
been reiterated in the matters of "Associated Journals Limited &
Anr. Vs ICRA Ltd.", Manu/DE/0851/2012 and "H.S.Bedi Vs
National Highway Authority of India" 2020 (2015) DLT 179.
Central Bank Of India vs Ravindra And Ors on 18 October, 2001
27.In Central Bank of India v. Ravindra 2002 1 SCC 367, the Supreme
Court observed that a person is entitled for compensation for the
deprivation of the money due to the creditor which was not paid, or,
in other words, was withheld from him by the debtor after the time
when payment should have been made, in breach of his legal rights,
and interest was a compensation whether the compensation was
liquidated under an agreement or statute.
Associated Journal Limited vs Icra Limited on 14 March, 2012
after the offer of possession to the landlord. The said view point has
been reiterated in the matters of "Associated Journals Limited &
Anr. Vs ICRA Ltd.", Manu/DE/0851/2012 and "H.S.Bedi Vs
National Highway Authority of India" 2020 (2015) DLT 179.
Laxman Singh Chauhan@Raja Chauhan vs The State Of Madhya Pradesh on 29 August, 2018
19.The law in respect to the termination of lease by a tenant is well
settled. In case, a tenant vacates the tenanted premises and notifies
the landlord to take delivery of the possession, the lease comes to an
end. The refusal of the landlord to accept the possession would
amount to delivery of possession and the possession shall be deemed
to have been delivered to the landlord though, the landlord may not
accept the same. A similar issue arose for consideration in the matter
of "Raja Laksman Singh Vs State" AIR 1988 Rajasthan 44 where
the tenant terminated the tenancy and offered the vacant possession
to the landlord, who, however, refused to take the possession and put
conditions to it. It was held by the court that the possession shall be
CS 611862/2016 DIC India Ltd. Vs Gurdeep Kaur
Counter Claim 43/2018 Gurdeep Kaur Vs DIC India Ltd.
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