SC held that appellant was not liable for dishonored security ...

Landlord Can Deduct Unpaid Rent From Security Deposit Before Refund, Not Liable Under Section 138 NI Act

March 6, 2025

Case Laws Indian Laws SC

SC held that appellant was not liable for dishonored security deposit cheques totaling Rs.9,00,000 under Section 138 of NI Act. Court found appellant entitled to deduct unpaid rent and maintenance from security deposit before refund. Respondent failed to establish entire cheque amount as legally enforceable debt. Trial Court's judgment limiting compensation to Rs.3,00,000 with 6% interest was restored, setting aside appellate court and HC decisions. Rs.5,000 forfeited to State Exchequer, with default penalty of one year simple imprisonment. Evidence showed respondent had defaulted on vacating property, requiring execution proceedings for possession through police intervention.

View Source

← Previous Next →

SC held that appellant was not liable for dishonored security ...

Landlord Can Deduct Unpaid Rent From Security Deposit Before Refund, Not Liable Under Section 138 NI Act

March 6, 2025

Case Laws Indian Laws SC

You may also like:

Rejection of refund of cash security deposit - Period of limitation - it is very much clear that refund claim of the security deposit is not governed by the provisions...

Denial of refund claim - Unjust enrichment - Security deposit - amount not to be credited to consumer welfare fund - appellants are eligible for refund of cash security...

Seeking refund of deposit - the amount is deposit or duty? - refund of security deposit during provisional assessment - Since in view of the documentary evidence, it is...

Refund of service tax - amount have been deposited by mistake - Form 26AS, VAT-41, copies of challans and copies of running bills prepared by the Housing Board showing...

TDS u/s 194IA - refundable security deposit paid to the land owners - non deduction of TDS - even if it is advance payment, it is not linked to the transfer of immovable...

Exemption u/s 11 - Inadequate rent received by the respondent/assessee - The submission of the learned counsel for the appellant (Revenue) that the respondent had not...

CESTAT denied interest claim on pre-deposit refund made u/s 35F of Central Excise Act. Pre-deposit from 2012 was refunded in 2018 post-favorable appeal outcome. While...

Refund of Pre-deposit alongwith interest - Adjustment of pre-deposit with pending demand - A pre-deposit would become refundable the moment an Appellate Authority comes...

The case involved a dispute over the refund of a cash security deposit u/s 27 of the Customs Act, 1962. The Appellate Tribunal held that the rejection of the refund on...

The petitioner's denial of refund of input tax credit debited as a pre-deposit was challenged. The court held that the non-inclusion of freight and pumping charges...

Valuation - Security Deposit - without investigation as to whether appellant has refused to refund security deposit to any person who has terminated services, it cannot...

The case pertains to the interpretation of amended provisions of Sections 35F and 35FF of the Central Excise Act, 1944, regarding eligibility for interest on pre-deposit...

Dishonor of Cheque - Offence u/s 138 of NI Act - Evidence - return memo of the banker with endorsement - In view of insertion of Section 146 in the N.I. Act, Section 67...

Valuation of Rental Income - GST - Deduction of property taxes and other statutory levies - treatment of notional interest on the security deposit - All taxes levied...

The court held that the assessee was entitled to refund of Rs. 3,50,00,000/- deposited with the department, along with statutory interest and interest on refunds. The...

Quick Updates: