Search Results for "Void transfer"

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Search Results for "Void transfer"

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High Court

Bombay High Court Allows Challenge to Unilateral Deemed Conveyance Certificate Under MOFA Section 11 — Competent Authority Cannot Incorporate Third-Party Rights Created by Documents Other Than Section 4 Agreement. Court Directs Removal of Such References from Certificate While Relegating Parties to Civil Suit.

8 Mar 2024

The Petitioner, Riddhi Gardens Building No. A1, A2 Co-operative Housing Society Limited, challenged a certificate of unilateral deemed conveyance issu...

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 Allows Writ Petitions Challenging Government Resolution Requiring Teachers to Reside Within Municipal Corporation Limits for Eligibility to Transfer. The Court held that the condition of residence within the municipal corporation area for transfer eligibility under the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 is ultra vires the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and the Maharashtra Right to Public Services Act, 2015.

24 Feb 2023

The petitioners, teachers employed in private aided schools in Pune, challenged a Government Resolution dated 30th April 2019 issued by the School Edu...

High Court

Bombay High Court Dismisses Municipal Corporation's Challenge to Labour Court Awards in Industrial Dispute Cases. Court upholds reinstatement with continuity of service and back wages for workmen whose services were terminated without compliance with Section 25F of the Industrial Disputes Act, 1947.

6 Dec 2023

The judgment pertains to three writ petitions filed by Pimpri-Chinchwad Mahanagarpalika (Municipal Corporation) challenging separate awards passed by ...

High Court

Bombay High Court Allows Appeal in Specific Performance Suit — Rejects Application for Rejection of Plaint Under Order VII Rule 11 CPC. Court holds that a suit for specific performance of an agreement to sell is not barred by limitation when the agreement is undated and the plaintiff alleges continuous readiness and willingness.

20 Aug 2011

The appellant, Sunil Agrawal, filed Special Civil Suit No. 510 of 2010 in the court of Civil Judge, Senior Division, Aurangabad, seeking specific perf...

High Court

Bombay High Court Allows Revision Application in Suit for Declaration and Injunction — Plaint Ordered to be Returned for Presentation to Proper Court Due to Lack of Territorial Jurisdiction. The court held that the City Civil Court at Dindoshi lacked jurisdiction over immovable property situated in Kandivali, and the plaint must be returned under Order VII Rule 10 CPC.

10 Oct 2011

The case involves a civil revision application filed by the original defendant no. 4, Manju Narendra Gupta, challenging an order of the City Civil Cou...

High Court

Bombay High Court Dismisses Second Appeals in Possession Suit — Lease Deed Not Proved, No Tenancy Rights. Gift Deed Valid, Landlord's Title Not Challenged, Eviction Upheld.

30 Apr 2019

The case involves two second appeals arising from a suit for possession filed by the respondent-landlord against the appellants-tenants. The property ...

High Court

Bombay High Court Allows Transfer of 77 FIRs Against Credit Society Office Bearers to Single MPID Court for Consolidated Trial. Multiplicity of proceedings avoided to ensure fair and expeditious trial under Section 406 CrPC and MPID Act.

2 May 2019

The petitioners, office bearers and employees of Bhaichand Hirachand Raisoni Multi State Credit Society, filed a writ petition under Article 226 of th...

High Court

Bombay High Court Allows Second Appeal in Partition Suit, Holds That Purchaser of Property During Pendency of Suit Is Bound by Doctrine of Lis Pendens Under Section 52 of Transfer of Property Act, 1882, and That Will Deed Must Be Proved in Accordance with Law. The court held that the appellant, who purchased the property during the pendency of the suit, is bound by the decree, and the will deed was not duly proved as attesting witnesses were not examined.

18 Nov 2019

The case involves a second appeal arising from a partition suit. The original plaintiffs, Shivaji and Kamlabai, claimed a 1/3rd share in the propertie...

High Court

Bombay High Court Allows Petition Challenging Conveyance Deed and Society Registration Under MOFA and MCS Act — Conveyance Deed Executed Without Proper Authority and Society Registration Based on Defective Deed Set Aside. The court held that the Competent Authority under Section 11 of MOFA must conduct a proper inquiry before executing a conveyance, and a society registered under the MCS Act based on an invalid conveyance cannot be sustained.

3 Nov 2025

The petitioner, Maki Homi Chibber, through her constituted attorney, filed a writ petition challenging a conveyance deed dated 30.04.2019 executed by ...

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