PRESTO SUPERMARKETS (SUBANG) SDN BHD & ORS vs ATTIC HOLDINGS SDN BHD

Double Rental [43] We now deal with Attic's claim for double rental. The law on double rentals was clearly and lucidly stated by the Federal Court in Rohasassets Sdn Bhd v. ... [52] Looking at the facts and circumstances here, we are of the view that Presto could not be liable for any double rentals. ... [51] It is not without significance that, at para 14 of the Statement of Claim, Attic had claimed RM315,899.93 as the rentals for the period from July 2015 to 23....

cannot be deemed to have waived its claim for double rentals. ... According to the respondent by applying for payment out of the interim monthly rentals the appellant had adopted a course which is opposite to its right to double rentals. Therefore, according to the respondents the appellant had abandoned its claim for double rental. We do not agree. ... Clearly the Order of 1 December 1995 was neither a final order in relation to the claim for double rental nor had th....

Since the appellant's claim is for amongst others, rentals and double rentals, the claim filed in 2015 was obviously time-barred. The learned judge further found the claim barred by laches under s 32 of the Limitation Act 1953. ... Amongst the reliefs claimed were rentals for the whole period of the agreed lease, double rentals and a return of the premises to the appellant and/or the market value of the said premises at the material time. The appellant entered a caveat on the said prem....

Ceylinco Leasing Corporation Ltd. Vs. The Commissioner General of Inland Revenue - 2024 Supreme(SRI)(CA) 277

Under the lease agreements, the authority to collect the lease rentals from the customers of SVF Portfolio imposed on the Appellant as the lessor. ... tax on such lease rentals collected by the Appellant on behalf of the CLC Asset Management. ... Even though double taxation is a fundamental principle in tax law, the Appellant has neither raised that issue before the Respondent or the TAC nor established his position by providing evidence. ... Therefore, the lease rentals collected by the Appellant becom....

YT MARKETING SDN BHD vs TAN WHYE KION & ANOR

cannot be deemed to have waived its claim for double rentals. ... However the parties could not agree on the new rentals. ... The order for payment out was in respect of the interim payment of rentals for the period 1 April 1997 to 30 June 2004 amounting to RM195,750.00 which was calculated at RM2,250.00 per month. Hence the order for payment out also did not concern the appellant's claim for double rental. ... Likewise, the appellant said that when the Court made its order for payment out on 12 July 20....

M/S MEHRA JEWEL PALACE PVT LTD vs M/S MINISO LIFESTYLE PVT & ANR.

It is not the case of the plaintiff that the rentals had increased during this period or that the plaintiff had suffered losses for which the plaintiff was entitled to double the amount of monthly rent. ... Further, the defendants shall also be liable to pay arrears of GST on the aforesaid amounts of lease rentals along with interest at the rate of 18% per annum and shall also be liable for any penalty or fine that may be imposed by the GST ... Otherwise, the plaintiff cannot be entitled to any amounts over a....

M/S MEHRA JEWEL PALACE PVT LTD vs M/S MINISO LIFESTYLE PVT & ANR.

It is not the case of the plaintiff that the rentals had increased during this period or that the plaintiff had suffered losses for which the plaintiff was entitled to double the amount of monthly rent. ... Further, the defendants shall also be liable to pay arrears of GST on the aforesaid amounts of lease rentals along with interest at the rate of 18% per annum and shall also be liable for any penalty or fine that may be imposed by the GST ... Otherwise, the plaintiff cannot be entitled to any amounts over a....

M/S MEHRA JEWEL PALACE PVT LTD vs M/S MINISO LIFESTYLE PVT & ANR.

It is not the case of the plaintiff that the rentals had increased during this period or that the plaintiff had suffered losses for which the plaintiff was entitled to double the amount of monthly rent. ... Further, the defendants shall also be liable to pay arrears of GST on the aforesaid amounts of lease rentals along with interest at the rate of 18% per annum and shall also be liable for any penalty or fine that may be imposed by the GST ... Otherwise, the plaintiff cannot be entitled to any amounts over a....

Michael Mogan vs City of Chicago - 2024 Supreme(US)(ca7) 74

He also detailed the impact of the fines imposed by the Ordinance. ... “Transient” rentals are similarly defined in the Ordinance in this case as rentals for less than a month. ... Accordingly, subject to certain exceptions, “a regulation which denies all economically beneficial or productive use of land will require compensation under the Takings Clause.” Id. at 393 (internal quotations marks omitted). ... He contends that the City’s restrictions on short-term rentals and its penalties for such #HL_STA....

We opine to this effect because to order payment of the arrears of rental, as well, as order forfeiture of the deposit would effectively amount to double recovery of the rentals due from the tenant up to this point of time. ... due from the appellant would be utilised to satisfy the lease rentals due from the respondent to Cubic Electronic. ... In our judgment, the position would have been otherwise if His Lordship had ruled that the appellant was liable for the rentals for the remainder of the three year term since, in ....

Ranjeet Shahaji Gade VS State of Maharashtra - 2021 Supreme(Bom) 360

She relied on the judgment of the Hon’ble Supreme Court passed in the case of Raja Vs. There are some exceptions when, without identification parade the identity can still be established and accepted during the trial. State by the Inspector of Police, [Dated 10.12.2019 passed in Criminal Appeal No.740/2018 (Raja Vs. State by the Inspector of Police) with Criminal Appeal Nos.1608-1609/2018 (Govindaraj and others Vs. State by the Inspector of Police, Singarapattai police station, Krishnagiri District)]. She submitted that the identification parade is not necessary in every ca....

Padmavathi W/o Sri. S. Jagadish Kumar VS Jayamma W/o P. Siddappa - 2020 Supreme(Kar) 128

When enquired as regards the receipts and production thereof, DW-2 states that she does not know the details or the availability thereto. DW-2 states that she cannot state as to what are the rentals being received, 4th Defendant is receiving the rentals and issuing the receipts towards the same. DW-2 states that she does not know if Saraswathi Music Store is assessed to income-tax, nor does she know about the income from the plaint Schedule properties being assessed to HUF income-tax.

ROHINI SINGH, D/O LATE MR. M. B. SINGH VS STATE OF GUJARAT - 2018 Supreme(Guj) 493

Paras 49 & 50-Trial is required when it is not asserted in the news article as to the source/basis of the defamatory article and when it is merely asserted in the article that it is based on true-facts. Exceptions can be tested even at the initial stage when the exceptions are apparent from the record. 5.5 Mr. Joshi, the learned senior counsel appearing for the writ applicants, in support of his submissions, has placed reliance on the following decisions; Sr.No. Citations Relevant issue a....

Dainabi. K VS District Magistrate - 2010 Supreme(Ker) 496

In short, the question is what punishment can be imposed and not what punishment must be or may eventually be imposed. The three decisions of the Supreme Court referred above clearly and unmistakably show that when an offence is classified or referred to by the extent of punishment, it is not the actual punishment that may eventually be imposed after trial which has to be taken into account; but only the maximum punishment that can possibly be imposed. We feel that we are bound by convincing authority by the three decisions referred above as to what is an offence "punishabl....

INFRASTRUCTURE LEASING AND FINANCIAL SERVICES LTD VS COMMISSIONER OF VALUE ADDED TAX - 2010 Supreme(Del) 130

This would be the meaning attributed to the provisions on their plain reading. This section, thus, provides, in no uncertain terms, that when the rentals in respect of lease agreements are received in future after entering into the agreement, the tax would be paid as and when such rentals are received. The petitioner is aware of this consequence created by section 3 of the Act. The submission is contrary to the plain language of section 3 of the Act. Section 3 of the said Act, which is a charging section, inter alia, provides that tax would be paid on that component of sale....