Lease
Never Reported Judgment | Mere deposit of monthly rent by mortgagee not sufficient to establish landlord-tenant relationship between tenant’s mortgagee and landlord of leased property [(1953) 1 SCC 603]
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on landlord-tenant relationship.
Calcutta High Court refuses to nullify award and restore lease in lieu of compromise based on illegal and arbitrary act
“Just as an illegal contract cannot be enforced, similarly a compromise or settlement which is not in the interest of the Society cannot be used to nullify the order passed by the competent authority in compliance of the direction passed by the Court.”
‘Temporary nature of agreement and renewals indicates license status’; Calcutta High Court orders eviction
“Even if there are certain clauses which the parties may have aided from the tenancy legislation, is no ground to … declare the unambiguous leave and licence agreement to be an agreement of tenancy ignoring preponderance of probability.”
One time premium received on allotment of completed building to attract 18% GST: Gujarat AAR
The Gujarat AAR said that the lease deed nowhere suggests that the consideration received by the applicant is related to construction of complex, building, civil structure or a part thereof. Thus, the question of this transaction falling within the ambit of Sl. No. 5(b), Schedule II, does not arise.
Can lease be cancelled on the ground of ecological repercussion? NGT to determine the scope of its jurisdiction
It has been alleged that the Ecological concerns have not been taken into consideration while granting lease to certain Salt Plants. NGT will now decide if it has the power to cancel the lease on the grounds that the lease has an adverse impact on the environment.
Unhappy with two Ministries taking contradictory stands before it, Supreme Court asks Centre to evolve mechanism to resolve differences at Governmental Level itself
Supreme Court: In a dispute between Central Warehousing Corporation(CWC) and Adani Ports Special Economic Zone Limited (APSEZL) over 34 acres of land
Chhattisgarh High Court| Provisions of the Chhattisgarh Accommodation Control Act, 2011 would also be applicable upon the property taken on rent or lease, even if it is open land
Chhattisgarh High Court: In a writ petition filed under Article 227 of the Constitution of India, after being aggrieved by the order
Can Lease Rental come under the purview of ‘Operational Debt’? NCLAT elucidates
National Company Law Tribunal, New Delhi: The Bench of Ashok Bhushan J., Chairperson, Rakesh Kumar Jain and Rakesh Kumar, JJ,
Calcutta High Court| Order XLI, Rule 5(1) of the CPC grants the court discretion to stay the execution of a decree for ‘sufficient cause’; Award by arbitral tribunal upheld
Calcutta High Court: Shekhar B. Saraf, J. upheld the award granted by the Arbitral Tribunal holding that the award holder
Lease and Rent as an Operational Debt
by Akaant Kumar Mittal†
Cite as: 2022 SCC OnLine Blog Exp 38
Cal HC | Policy decisions of State not to be disturbed unless found to be grossly arbitrary or irrational; prayer for extension of lease rejected
Calcutta High Court: Shampa Sarkar, J. decided on a petition which was filed for a direction upon the respondents 7 and 8
Law on filing false affidavit: Can defaulter get benefit of equity? Read what made the Supreme Court reverse concurrent findings of Courts
“Once an affidavit has been filed which is on the face of it false to the knowledge of the executants, no benefit can be claimed on the ground that delivery of possession was given.”
“In a taxing statute, it is the plain language of the provision that has to be preferred”. APMCs liable to pay service tax under the category of ‘renting of immovable property service’: SC
Supreme Court: In the instant appeals, the Market Committees located in Rajasthan raised their grievance over the decision of CESTAT that respective
Financier-in-possession of a motor/transport vehicle liable to pay tax under U.P. Motor Vehicles Taxation Act, 1997: SC
Supreme Court: While dealing with the scope of Section 12 of the U.P. Motor Vehicles Taxation Act, 1997, bench of MR Shah*
Explained| When can proviso (6) to Section 92 of Evidence Act, 1872 be invoked?
Supreme Court: Explaining the scope of Section 92 Proviso (6) of the Evidence Act, 1872, the 3-judge bench of NV Ramana, CJ* and
Chh HC | Whether a forest land can be allotted/leased without prior approval of Central Government under S. 2 (iii) of Forest (Conservation) Act, 1980?
Chhattisgarh High Court: Sanjay K Agrawal J., dismissed the second appeal being devoid of merits. The facts of the case are such
P&H HC | There could be no blanket rule that concurrent findings cannot be interfered with in the second appeal; It is more a rule of caution and less a rule of law; HC explains
Punjab and Haryana High Court: Rajbir Sehrawat, J., allowed the instant second appeal challenging the concurrent judgments and decrees passed by the
Chh HC | Alleged Government land allotment to a political party in violation of due procedure: HC issues notice to State Government
Chhattisgarh High Court: A Division Bench of P.R. Ramachandra Menon, CJ and Parth Prateem Sahu, J., addressed an issue with regard to the
Lease: Renewal Thereof
by Achal Gupta*