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With regard to the damages for use and occupation of the premises in question after 31.3.2009, as the second option has not been given within the time prescribed under the lease deed, the second defendant can be said to be unauthorized tenant. Therefore the landlord is entitled to damages for use and occupation. 13. It is not in dispute that it is agreed between the parties that for every five years, there is an increase of 20% in the rent. If that is taken into consideration, certainly, the landlord is entitled to a sum of Rs.24,000/- per month towards damages for use and occupation of the premises in question by the defendants bank from 1.4.2009. Hence, the damages granted by the trial Court for use and occupation of the premises in question by the second defendant bank are modified, and the defendants are directed to pay damages @ Rs.24,000/- per month from 1.4.2009 till the date of vacating the premises. 14. The learned counsel for the appellants submitted that the appellants are doing banking operations in the premises in question and that there are many formalities and lengthy procedure for vacating the premises by the defendants bank i.e. they have to obtain permission from the Reserve Bank of India, and they have to secure suitable alternative accommodation for the bank, and hence, he prays to grant considerable time i.e. till the end of the year 2012, to vacate the premises in question. Considering the facts and circumstances of the case, reasonable time can be granted to the appellants/defendants to vacate the premises in question. 15. In the result, the Appeal Suit is dismissed, directing the appellants/defendants to vacate the suit schedule premises on or before 31.12.2012 and to pay Rs.24,000/- per month for use and occupation of the premises from 31.3.2009 till vacating the premises. It is also made clear that the appellant shall give an undertaking before the trial Court that they will vacate the premises in question on or before 31.12.2012. No costs.

THE HON’BLE SRI JUSTICE K.C.BHANU APPEAL SUIT NO. 558 OF 2011 12.09.2011 Between: Central Bank of India & another …Appellants And Kurnool Chit Funds Private Limited …Respondent THE HON’BLE SRI JUSTICE K.C.BHANU APPEAL SUIT NO. 558 OF 2011 JUDGMENT : 1.       This appeal has been filed challenging the judgment and decree dated 24.06.2011 in Original Suit … Continue reading

If rounding off is given to the appellant as sought for by him there has to be similar rounding off for a person who has missed 33% in one of the papers just by a whisker. To him and to such a person who could not get 50% in aggregate in the written test, if this rule of rounding off is offered then they would also get qualified. In that event, there would be no meaning of having a rule wherein it is provided that a person must at least have the minimum marks as provided for thereunder. Somewhere a line has to be drawn and that line has to be strictly observed which is like a Lakshman Rekha and no variation of the same is possible unless it is so provided under the Rules itself. Both the Selection Committee as also the appointing authority are bound to act within the parameters of the Rules which are statutory in nature and any violation or any relaxation thereof whether by way of giving grace marks or rounding off would be acting beyond the parameters prescribed which would be illegal.

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6205 OF 2011 [Arising out of SLP(C) No. 9147 of 2008] Bhanu Pratap ….Appellant VERSUS State of Haryana & Ors. …. Respondent(s) JUDGMENT Dr. MUKUNDAKAM SHARMA, J. 1. Leave granted. 2. In this appeal we are called upon to decide an issue … Continue reading

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