Search Results for "Flat Construction"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "Flat Construction"

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High Court

High Court of Bombay Admitted a Batch of Appeals from Orders in Property-Related Disputes. The Specific Nature of the Dispute and the Court’s Directions Remain Unclear as the Judgment Text Was Truncated.

12 Dec 2011

The judgment dated 12 December 2011 was delivered by Justice R.M. Borde of the High Court of Bombay (Civil Appellate Jurisdiction). The matter involve...

High Court

Bombay High Court Allows Deemed Conveyance Under MOFA Despite Pending CIRP Under IBC — Section 14 IBC Does Not Bar Competent Authority from Exercising Jurisdiction Under Section 11(3) MOFA. The Court held that the statutory right of flat purchasers to obtain deemed conveyance under MOFA cannot be defeated by the pendency of insolvency proceedings against the promoter.

22 Jun 2026

The petitioner, Darshan Mandir Co-operative Housing Society Limited, is a cooperative housing society formed by purchasers of flats in a building cons...

High Court

Bombay High Court Dismisses Cooperative Society's Appeal Against Developer in Property Dispute — Interim Relief Denied Due to Lack of Prima Facie Case and Balance of Convenience. The court held that the society failed to establish a concluded contract as the development agreement was not signed by the developer, and the society had not paid full consideration, making damages an adequate remedy.

17 Dec 2011

The appellant, Rachanaa Co-Operative Housing Society Ltd., filed a suit for specific performance of a development agreement against the respondent dev...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint Under Order 7 Rule 11(d) CPC — Plaint Cannot Be Rejected After Framing of Issues. Suit for Specific Performance Under MOFA Not Barred by Limitation as Limitation is a Mixed Question of Law and Fact.

2 May 2022

The appellant, Mrs. Sicily Varghese Kadamthottu, filed a suit for specific performance against the respondents, who were promoters under the Maharasht...

High Court

High Court of Bombay Considers Writ Petition Against Co-operative Appellate Court's Award Directing Society to Pay Damages for Water Seepage. The Petition Challenges the Award of Rs. 46,78,562.50 for Recasting Overhead Terrace and Rs. 40 Lakhs Damages Under the Maharashtra Co-operative Societies Act.

15 Dec 2022

The High Court of Judicature at Bombay heard a writ petition under Article 227 of the Constitution filed by a co-operative housing society and its cha...

High Court

Bombay High Court Dismisses Auction Purchaser's Challenge to Deemed Conveyance in Favor of Co-operative Housing Society. The Court held that the Competent Authority under the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 has jurisdiction to grant deemed conveyance despite pending civil suit challenging auction sale, as the society's right to conveyance is independent of the auction purchaser's title.

8 Apr 2024

The petitioner, Ravi Jagganath Agarwal, an auction purchaser of land and building from the Municipal Corporation for Greater Mumbai (MCGM) due to prop...

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 Deemed Conveyance Order Under MOFA — Competent Authority Can Consider Property Register Card and Area Certificate Beyond Agreement Schedule. Court holds that the Competent Authority under Section 11 of MOFA is not strictly confined to the area mentioned in the Section 4 agreement and can rely on property records and architect's certificate to determine the actual area to be conveyed.

27 Aug 2024

The petitioners, original owners of land comprising plot nos. 3, 4, 5, and 6 at Village Valnai, Marve Road, Malad (West), Mumbai, challenged the order...

High Court

Bombay High Court Upholds Removal of Managing Committee Members in Co-operative Housing Society for Violation of Section 78A MCS Act — Disqualification for One Term Upheld. The court held that the Deputy Registrar's order removing petitioners from managing committee and disqualifying them for one term was valid as they failed to comply with statutory requirements under Section 78A of the Maharashtra Co-operative Societies Act, 1960.

21 Feb 2025

The petitioners, members of JVPD Sterling CHS Ltd., challenged orders dated 13th January 2023 passed by the Deputy Registrar, Co-operative Societies, ...

Supreme Court

Supreme Court Dismisses Appeals in MRTP Act Compensation Dispute, Upholding NCLAT's Interest Award. Developer Found Guilty of Unfair Trade Practice for Delayed Construction and Cancellation, Entitling Complainant to Compound Interest Under Section 12B of Monopolies and Restrictive Trade Practices Act, 1969.

31 Jan 2023

The dispute originated from a 1989 flat allotment in Ghaziabad where the original applicant died and was succeeded by her daughter-in-law, who continu...

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