Search Results for "Flat Purchase Agreements"

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Search Results for "Flat Purchase Agreements"

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High Court

Bombay High Court Dismisses Appeals in Specific Performance Suit, Upholds Alternative Decree for Damages. Plaintiff's claim for specific performance of flat agreement dismissed due to subsequent sale to bona fide purchaser; alternative decree for damages against original vendor confirmed.

2 Apr 2026

The judgment arises from two appeals against a common decree dated 14.1.2010 passed by the Bombay High Court in Suit No.1642 of 1984. The original pla...

High Court

Bombay High Court Dismisses Petition Challenging Eviction Suit Dismissal in License Dispute — Licensee's Heirs Entitled to Protection Under Maharashtra Rent Control Act, 1999. The court upheld the concurrent findings that the legal heirs of a deceased licensee are protected under Section 15A of the Maharashtra Rent Control Act, 1999, and the suit for eviction and compensation was rightly dismissed.

9 Jun 2026

The petitioner, M/s. Sharan Builders, a partnership firm, was the original plaintiff/licensor. The respondents are the legal heirs of the original def...

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 Second Appeal in Flat Purchase Dispute — Upholds Dismissal of Suit Challenging Additional Construction. Court holds that flat purchasers cannot enforce sanctioned layout plans against developer in absence of express contractual covenant or statutory obligation under Maharashtra Ownership Flats Act, 1963.

25 Jan 2019

The appellant, Shri Vitthal Laxman Patil, was a flat purchaser in a project called 'Kores Nakshatra' developed by Kores (India) Ltd. Real Estate Divis...

High Court

Bombay High Court Allows Lavasa Corporation's Second Appeals Against RERA Orders, Holding That RERA Has No Jurisdiction Over Complaints Filed Before Its Establishment. The Court ruled that the Real Estate Regulatory Authority cannot entertain complaints regarding agreements executed prior to the commencement of the Real Estate (Regulation and Development) Act, 2016.

7 Aug 2018

The judgment involves three second appeals filed by Lavasa Corporation Limited against orders of the Real Estate Regulatory Authority (RERA) and the A...

High Court

Bombay High Court Quashes Preemptive Purchase Orders Under Chapter XXC of Income Tax Act — Difference in Valuation Below 15% Threshold. The Appropriate Authority's orders under section 269UD(1) were set aside as the difference between fair market value and apparent consideration was less than 15%, and no opportunity of hearing was given.

23 Dec 2011

The petitioners, Pandharinath Bhikaji Telge and Dattaram Bhikaji Telge, were owners of a property in Chembur, Mumbai. They entered into an agreement t...

High Court

Bombay High Court Dismisses Petition Challenging Competent Authority's Order Under MOFA — Upholds Validity of Conveyance Deed Executed by Society. Court holds that the Competent Authority under Section 5-A of the Maharashtra Ownership Flats Act, 1963 has jurisdiction to direct execution of conveyance even after lapse of time, and that the petitioner's challenge based on alleged lack of authority was without merit.

9 Dec 2025

The petitioner, Lokmanya Pan Bazar Association Ltd., a guarantee company registered under the Companies Act, 1956, filed a civil writ petition under A...

Supreme Court

Supreme Court Upholds Refund to Flat Purchaser for Inordinate Delay in Possession — Builder's Unfair Contract Terms Not Binding. Builder's failure to apply for occupancy certificate within stipulated time constitutes deficiency of service; one-sided clauses in Apartment Buyer's Agreement are unfair and not binding under Consumer Protection Act, 1986.

2 Apr 2019

The Supreme Court dismissed appeals filed by Pioneer Urban Land & Infrastructure Ltd. against orders of the National Consumer Disputes Redressal Commi...

High Court

Bombay High Court Dismisses Petition Challenging Cooperative Society's Refusal to Admit Member Under Section 23 of Maharashtra Cooperative Societies Act, 1960. Court upholds society's right to reject membership based on non-compliance with by-laws and lack of eligibility.

14 Oct 2025

The petitioner, Dilip Bobde Patil, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging the r...

High Court

Bombay High Court Dismisses Appeal Against Arbitral Award in Flat Purchase Dispute — Time Was Essence of Contract. Appellant failed to pay balance consideration within stipulated time; arbitrator's award of interest and costs upheld under Section 37 of Arbitration and Conciliation Act, 1996.

30 Sep 2019

The appellant, Mr. Nirmal Sureka, entered into two agreements on 26.11.1999 with respondent nos. 1 and 2 (Alankar Real Estate Pvt. Ltd. and Hotel Amar...

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