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High Court

Bombay High Court Dismisses Petition Challenging De-registration of Housing Federation in Ongoing Real Estate Project — RERA Rule 9(1)(ii) Overrides MCS Act for Formation of Apex Body Before Project Completion.

22 Nov 2024

The petitioner, Lodha Belmondo Housing Federation Ltd., a federation registered under the Maharashtra Co-operative Societies Act, 1960, challenged the...

High Court

Bombay High Court Dismisses Petition Challenging Slum Rehabilitation Authority's Rejection of Building Proposal for Non-Compliance with DCR and Non-Refund of Deposit. Court upholds SRA's decision that the proposal was not in conformity with Development Control Regulations and that the deposit was not refundable as per the terms of the Letter of Intent.

25 Nov 2022

The petitioner, Siddharth Constructions, a partnership firm, filed a writ petition under Article 226 of the Constitution of India challenging the deci...

High Court

Bombay High Court Allows Bail to Developer in Consumer Execution Proceedings for Non-Compliance of Refund Order. Held that Section 27 of Consumer Protection Act, 1986 is penal in nature and bail should be granted liberally unless there is likelihood of abscondence or tampering with evidence.

23 Dec 2021

The petitioner, Suhas Ratnakar Morey, a developer, was involved in a consumer dispute with the respondent, Dhanraj Tulshiram Khaparde, who had paid Rs...

High Court

Bombay High Court Allows Arbitration Petition in Redevelopment Dispute — Dissenting Member Cannot Obstruct Majority Decision for Dilapidated Building. Court Appoints Arbitrator Under Section 11 of Arbitration and Conciliation Act, 1996 to Resolve Dispute Between Developer, Society, and Dissenting Member.

12 Mar 2021

The Bombay High Court dealt with an arbitration petition filed by Chirag Infra Projects Pvt Ltd, the developer, against Vijay Jwala Cooperative Housin...

High Court

Bombay High Court Dismisses Writ Petition Challenging Slum Rehabilitation Authority's Grant of Scheme to Another Developer. Court upholds SRA's decision based on eligibility criteria and policy, finding no arbitrariness or violation of principles of natural justice.

22 Dec 2020

The Petitioners, Dyna Estate Pvt. Ltd. (a developer) and Dr. Babasaheb Ambedkar Nagar Sahakari Griha Nirman Sanstha (a proposed cooperative society of...

Supreme Court

Supreme Court Allows Builder's Appeals in Consumer Cases, Sets Aside Refund Order. Clause 11.4 of Builder-Buyer Agreement Limits Developer's Liability to Refund Only if Agreement is Terminated; Allottees Not Entitled to Refund Without Termination.

1 Jan 2020

The appeals arise from a common judgment of the National Consumer Disputes Redressal Commission (NCDRC) in ten consumer cases filed by allottees again...

High Court

Bombay High Court Dismisses Writ Petition Challenging Municipal Council's Resolution to Lease Land for Market Construction. Court upholds council's decision as valid exercise of power under Section 73 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, finding no illegality or mala fides.

12 Jan 2017

The petitioners, Chhabildas Tukaram Khadke and Narendra Bhaskarrao Patil, filed a writ petition before the Bombay High Court challenging a resolution ...

High Court

Bombay High Court Dismisses Developer's Suit for Specific Performance of Redevelopment Agreement with Cooperative Society. Court holds that a developer cannot enforce an MoU and Development Agreement against a cooperative society when the society's general body has not validly passed a resolution under the Maharashtra Cooperative Societies Act, 1960, and the agreements are not binding on the society.

6 Nov 2012

The Plaintiffs, Mana Builders and Developers Pvt. Ltd. and others, filed a suit for specific performance of a Memorandum of Understanding (MoU) dated ...

High Court

Bombay High Court Upholds MHADA's Order for Repairs and Redevelopment of Cessed Building Under Section 95A of MHADA Act. Court Directs Tenants to Pay Increased Rent and Vacate for Redevelopment, Rejecting Challenge to Executive Engineer's Order.

4 Jul 2012

The appellants, eight tenants of a cessed building in Chittaranjan Nagar, Ghatkopar, Mumbai, filed a writ petition challenging an order dated 24 April...

High Court

Bombay High Court Allows Letters Patent Appeal in Trust Property Dispute — Upholds Maintainability of Writ Petition Against Private Developer. Court holds that a writ petition under Article 226 is maintainable against a private party acting as a trustee or in a public capacity, and that the Charity Commissioner's order under Section 36 of the Bombay Public Trust Act, 1950 is amenable to writ jurisdiction.

30 Nov -0001

The case involves two Letters Patent Appeals (LPA No. 101 of 2012 and LPA No. 102 of 2012) filed by Raunak Corporation, a partnership firm, against an...

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