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Lease

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The Lease Agreement is not registered – there is clear understanding about rate of rent and terms and conditions of lease between the parties evidencing correspondences – suit for recover of rent is maintainable – pending case, Bank vacated some portion of building – Bank directed to hand over the possession with out any suit for recovery = GULAB CHAND BHORA & ORS. … APPELLANT (S) VERSUS PUNJAB NATIONAL BANK & ANR. … RESPONDENT (S) = Published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40957

The Lease Agreement is not registered – there is clear understanding about rate of rent and terms and conditions of lease between the parties evidencingĀ correspondencesĀ – suit for recover of rent is maintainable – pending case, Bank vacated some portion of building – Bank directed to hand over the possession with out any suit for recovery … Continue reading

. New facts must be specially pleaded.- The defendant must raise by his pleading all matters which show the suit not to be maintainable, or that the transaction is either void or voidable in point of law, and all such grounds of defence as, if not raised, would be likely to take the opposite party by surprise, or would raise issues of fact not arising out of the plaint, as, for instance, fraud, limitation, release, payment, performance, or facts showing illegality.=mere acceptance of rent for period subsequent to expiry of lease period during which lessee continued to occupy lease premises cannot be said to be a conduct signifying “assent” to continuance of lease even after expiry of lease period.

HON’BLE SRI JUSTICE B. CHANDRA KUMAR Second Appeal No. 511 of 2008 23-03-2011 K.Sajjan Raj Gopisetty Chandramouli Counsel for Appellant : Sri B.V. Bakshi Counsel for respondent :Sri R. Chandrashekar Reddy :Judgment: This appeal is directed against the judgment and decree dated 03.03.2008 passed in A.S. No.149 of 2006 by the I Additional Chief Judge, … Continue reading

copy rights = M/s. Vijaya Production Private Limited (hereinafter referred to as “the Producer”) produced 15 Telugu films. By an agreement dated 28.9.1987, the Producer granted the sole and exclusive video rights of the films to M/s. Jyothi Video for a period of seven years. During the currency of that agreement, the Producer gifted the films to M/s. Nagireddy Charities (respondent No.3) represented by its Managing Trustee, Shri B. Nagireddy. Respondent No.3 entered into an agreement of lease with respondent No.2- M/s. Vijaya Pictures whereby the rights of theatrical and non-theatrical distribution, exhibition and exploitation including video and TV rights were given to respondent No.2 for the areas of Andhra and Nizam for a period of 20 years commencing from 1.1.1975 for a consideration of Rs.20 lakhs. By another agreement dated 25.6.1990 (Exhibit A-4) the term of agreement dated 10.1.1975 was extended by 70 years with effect from 1.1.1995. The relevant portions of that agreement are extracted below: “Whereas the Lessors are the absolute owners in possession of the negatives, holding the entire rights for the Indian Union of the Telugu Talkie pictures produced by M/s Vijaya productions Private Ltd., as specified hereunder, the rights of which have been assigned absolutely by way of gift by the said Vijaya Productions Private Ltd., in favour of the Lessors. Whereas the Lessors have already granted to the Lessees, the exclusive lease rights of exploitation of their several Black and White and Colour pictures for the territory of Andhra and Nizam by way of agreement of lease dated 10.1.1975 for a

NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.6438 OF 2005 M/s. Divya Exports … Appellant Versus M/s. Shalimar Video Company and others … Respondents J U D G M E N T G.S. Singhvi, J. 1. This appeal is directed against the judgment of the learned Single Judge of the … Continue reading

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