Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(2)(b) -- Eviction petition - Arrears of rent - Landlord had issued notice to tenant demanding him to pay arrears of rent - Despite issuing reply notice, tenant not paid admitted arrears of rent - Tenant rightly evicted...........
Transfer of Property Act, 1882, Section 106 -- Lease - Determination of lease due to efflux of time - Once lease deed came to an end due to lapse of tenancy, tenant cannot take benefit of terms of agreement and ask landlord to issue three months prior notice as per terms of lease deed...........
Transfer of Property Act, 1882, Section 106 -- Lease - Determination of lease due to efflux of time - Suit for injunction filed by tenant - Tenant had continued in suit property for more than six years after determination of lease due to efflux of time by creating story about illegal threat of eviction by landlord - He instead of vacating premises filed suit for injunction..........
Rent and eviction -- Arrears of rent - Acceptance of arrears of rent from tenant or his representative does not create a new tenancy - Such acknowledgement can also not be treated as continuation of subsisting tenancy which was previously determined by a notice to quit and followed by decree of eviction...........
Income Tax Act, 1961, Rule 2, 16 -- Sch.II - Loan - Recovery of dues - Attachment of property by Income Tax department - Recovery proceedings initiated against respondent by Bank for non-payment of loan amount - Property was attached prior to issuance of notice by Income Tax Officer - Sale of property though conducted after issuance of notice as well attachment order..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Accused did not respond to the legal notice - Amounts to his admission qua taking of loan from the complainant...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Complainant issued notice to accused in his admitted address - Notice having been sent to accused's correct address were duly served, fulfilling the requirement of `giving Notice'...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Legally enforceable liability - Accused admitted his liability to repay amount mentioned in Written agreement between parties - There is thus, no escaping fact that it was a legally enforceable liability - Evidence was led before Court pertaining to financial capacity of complainant thereby..........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Notice - When notice is sent by registered post, presumption of deemed service u/s 27 of General Clauses Act arises, provided it is proved to be dispatched in correct address of noticee - S.138(b) of the Act does not insist that actual receipt of notice by drawer of cheque must be proved...........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Notice - A drawer whose defence denying liability for payment of cheque amount having been found by Court on evidence to be either not proved or improbable, has ordinarily no right to contend that demand notice returned as unclaimed was not sent in his correct address and thus, resist presumption of..........
