Search Results for "Maharashtra Apartment Ownership Act, 1970"

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Search Results for "Maharashtra Apartment Ownership Act, 1970"

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High Court

Bombay High Court Allows Interim Application in Suit for Specific Performance and Injunction — Prima Facie Case Established for Protection of Possession. Court restrains defendant from interfering with plaintiff's possession of suit premises pending disposal of suit under Specific Relief Act, 1963.

12 Sep 2025

The plaintiff, Indiaideas.com Limited, filed a suit for specific performance and permanent injunction against Supreme Chambers Condominium and Supreme...

High Court

Bombay High Court Dismisses Petition Challenging Cooperative Court Order in Society Dispute — Upholds Jurisdiction of Cooperative Court Over Disputes Between Society and Members Under MCS Act, 1960. The court held that the dispute regarding common amenities and parking spaces between a cooperative housing society and its members is exclusively triable by the Cooperative Court under Section 91 of the Maharashtra Co-operative Societies Act, 1960, and civil court jurisdiction is barred under Section 163.

6 Dec 2023

The petitioners, Meru Heights Co-operative Housing Society Limited and its members, filed a writ petition challenging an order of the Cooperative Cour...

High Court

Bombay High Court Dismisses Writ Petition Challenging Cooperative Court Order in Housing Society Dispute — Upholds Jurisdiction of Cooperative Court Over Disputes Between Society and Members Under Maharashtra Co-operative Societies Act, 1960. The court held that any dispute touching the business of a cooperative society between the society and its members falls within the exclusive jurisdiction of the Cooperative Court under Section 91 of the MCS Act, and civil courts are barred under Section 163.

6 Dec 2023

The petitioners, Meru Heights Co-operative Housing Society Limited and its members, filed a writ petition challenging an order of the Cooperative Cour...

High Court

Bombay High Court Quashes Deemed Conveyance Order in Co-operative Housing Society Dispute — Lack of Notice to Original Landowner Violates Principles of Natural Justice. Deemed Conveyance under Section 11 of MOFA cannot be granted without affording opportunity of hearing to the developer who is not a member of the society.

4 Oct 2023

The petitioners, M/s. K.G. Associates (developer) and its partner, challenged an order dated 17 March 2020 passed by the Deputy Registrar of Co-operat...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Cooperative Society Registration in Favor of Apartment Ownership Declaration. Court upholds Competent Authority's decision under MOFA, 1963, finding that the developer's declaration under MAO Act, 1970 precludes formation of a cooperative housing society.

23 Dec 2022

The dispute arose between the proposed cooperative housing society, represented by the petitioner as Chief Promoter, and the developer/respondent No.1...

High Court

Bombay High Court Allows Appeal Against Arbitral Award in Construction Dispute — Award Set Aside for Violation of Natural Justice and Non-Consideration of Evidence. The court held that denial of cross-examination and failure to consider electronic evidence under Section 65B of the Evidence Act, 1872, renders an arbitral award patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

29 Apr 2016

The case involves an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, against an arbitral award passed by a sole arbitrator. The...

High Court

Bombay High Court Dismisses Developer's Challenge to Deemed Conveyance and Cooperative Society Registration. Registration of Tenants Coownership Cooperative Housing Society under Section 12(1) of Maharashtra Co-operative Societies Act, 1960 is valid despite prior declaration under Maharashtra Apartment Ownership Act, 1970.

19 Dec 2012

The petitioner, M/s. Rahul Enterprises, a proprietary concern engaged in development and construction, filed a writ petition under Articles 226 and 22...

High Court

Bombay High Court Dismisses Petition by Occupants Challenging Redevelopment Scheme Under DCR 33(7) — Majority Consent and Sanctioned Plans Upheld. Court held that the redevelopment scheme was validly sanctioned and the petitioners' objections were not sufficient to stall the project.

13 Dec 2010

The petitioners, seventeen occupants of residential tenements in Dalal Estate, Mumbai Central, filed a writ petition under Article 226 of the Constitu...

High Court

Bombay High Court Allows Petition Challenging Stamp Duty Assessment on Flat Purchase Agreements. Agreements for sale of flats in a building under construction are agreements to sell, not conveyances, and stamp duty is to be assessed on the consideration stated in the agreement, not on market value.

22 Nov 2006

The petitioner, M/s. Padmavati Construction Co., a partnership firm, was developing a plot of land in Chembur, Mumbai. The registered owner, Bombay Co...

High Court

Bombay High Court Dismisses Writ Petitions Challenging Cooperative Society Registration and Minister's Order — Upholds Validity of Registration Under Maharashtra Cooperative Societies Act, 1960. Petitioners lacked locus standi and alternative remedy was available, hence writ petitions not maintainable.

30 Nov -0001

The judgment pertains to two writ petitions filed by cooperative housing societies and their members challenging the registration of another cooperati...

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