ashok kumar choraria
07 September 2010 at 09:48
A premises at Kolkata,W.B.was given on lease to a public sector bank in the year 1986 on the basis of a Letter of Agreement for a period of 9 years @Rs.09/=(nine)per Sq.ft. with an option with the bank to renew the same for a further term of six years with an increase in rent @20% on expiry of the first term of nine years. Taxes (Municipal Corporation Tax) to be born by the bank and the lessor in the ratio 50-50.The Lease expired on 31.03.2001.On expiry of the Lease The Landlord submitted a fresh offer to The bank to renew the Lease @Rs.25/= per Sq.Ft.with a clause to increase the rent @20%after every 3 years. and taxes to be born by the bank 100%.the bank neither vacated nor renewed the Lease. The premises remained occupied by the bank without any formal Lease Agreement.save and except various proposals and verbal representations from the Landlord's side only, till the year 2008.in the year 2008 bank gave one letter that they are willing to renew the lease @Rs.35/= per sq.ft. effective 01.01.2008 and no arrears(difference of rent,paid by bank @Rs.10/80 per sq.ft. and Rs.25/= and subsequent increase @20%every three years,as demanded by the landlord )will be paid.The Commercial surcharge imposed by the Kolkata Municipal corporation was also paid to the tune of 50% by the bank in spite of several reminders from the landlord. it was also brought to the notice to the bank that as per the Ho'ble Calcutta High Courts verdict the commercial surcharge,imposed by the Kolkata Municipal Corporation will have to be born by the occupier of the premises,using it for commercial purpose, regardless of any agreement between the Landlord & the Tenant for sharing of Taxes.Now on September 01 2010 the bank has given a letter to surrender the premises, asking the Landlord to take the possession of the premises.
My question is can bank deny their liabilities for the arrier rent and taxes.what is the best option before the landlord to compel the bank to pay the arrier rents and Taxes&dues.
The prevailing rate of rent in this Area presently is in between Rs100/- to 125/-per sq.ft.
ashok kumar choraria
13 July 2010 at 16:32
what is the rule regarding the language for painting the Registration Number Plate of a Private car.Can I write the number plate in HINDI.My car is registered at Beltola Moter Vehicles,Kolkata,West Bengal.
Anonymous
06 December 2009 at 10:28
At the time of selling a Plasma Telivision set, the dealer of a reputed company Verbaly explaind that the model, which he suggests is havig a newer/latest technology panel having a (NEO PDP) panel instead of the older Plasma panel.
The Set is covered under three years (03)warranty.
whereas on getting the delivery it was noticed that no where it was mentioned that it is a (NEO PDP) panel set. and the warranty card supplied along with the set is for one year only.
On making the complaint to the Dealer and the company they refused and did't responded save & except the company has admitted that it's a non NEO PDP set.
Can I compell the company to change the set with a NEO PDP model set? if yes how?
Anonymous
06 December 2009 at 10:12
The Insurance company is denying its Third party liability to the accident victim, on the ground that the owner of the truck, causing the accident to the victim, had expired prior to issuing the Policy for the truck, thus the policy issued to the Truck becomes void.
Can the insurance company deny their Liability?
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Can the Income Tax Department appeal against the order of the commissioner(Appeal)
Recently I came across a very Interesting case where an assesee appeals before the Commissioner (Appeal) of Income Tax being aggrieved by the Assessment order passed by the concerned ITO.
The appeal was admitted and heard by the commissioner and it provided all the relief quashing the orders of the ITO.
Now against the orders passed by their own Commissioner Appeal, the Department has taken the case before the Tribunal.
My query is against whom the department is pursuing the case, The Concerned ITO or his superior Commissioner (Appeal)? And why?
1. The power to appeal should have been rested only with the aggrieved Assesee not with the department
2. If the department takes this case further then they should either remove the post of ITO or of the Commissioner, because it shows they have no faith in their own senior officer who have quashed the order of his junior.
So I solicit all the valuable opinion in this matter.
Ashok Choraria