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Grant of Deemed Conveyance: Upholding Rights of Housing Societies Despite Unlawful Construction. Balancing flat purchasers' statutory rights with developers' non-compliance under the Maharashtra Ownership of Flats Act (MOFA).

The Bombay High Court addresses the pivotal issue of whether an illegal or unauthorized building structure impairs a cooperative housing society's sta...

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"Premature Federal Society Formation Dismissed: Harmonizing MCS, MOFA, and RERA for Balanced Real Estate Development"

1. Background of the Case (Para 3-5): Lodha Belmondo Housing Federation Ltd., comprising six co-operative societies, sought registration as a Feder...

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"High Court Mandates Enhanced Verification Mechanisms to Prevent Real Estate Fraud" "Ensuring Transparency and Accountability in Real Estate Registrations"

The Court emphasized the necessity of a robust framework to ensure transparency and prevent fraudulent practices in the real estate sector. It directe...

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Arbitration Clause Rendered Ineffective After Sale Deed Execution, Rules Bombay High Court “Mere historical reference to an Agreement doesn’t sustain arbitration rights if the contract has ceased to exist.”

The case revolves around whether disputes arising out of a Memorandum of Understanding (MoU) and related documents, which lacked a specific arbitratio...

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Case Analysis on Unauthorized Construction in Rental Property. A dispute regarding unauthorized permanent construction without landlord’s consent under the Maharashtra Rent Control Act, 1999.

The Bombay High Court addressed a petition filed by Mrs. Binaifer Batiwala, challenging an eviction order issued by the Appellate Court. The dispute s...

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"High Court of Bombay Dismisses Amendment Application in SR Enterprises vs. Gurbachan Kaur Jattinder Singh Chadha Case" "Amendment seeking to challenge Deed of Conveyance and implead new party rejected; Liberty granted to file fresh application on limited facts."

The Bombay High Court, through Justice Arif S. Doctor, dismissed an Interim Application (IA) by the Plaintiff, SR Enterprises. The IA sought to amend ...

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Bombay High Court Invalidates Post Facto CRZ Clearance Policy Issued by Union Government. “Environmental Law Cannot Endorse Post Facto Approvals”

The Bombay High Court addressed the legality of an Office Memorandum issued by the Ministry of Environment, Forest, and Climate Change, which allowed ...

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High Court Examines Legality of Appointment of Maharashtra Real Estate Regulatory Authority Chairman. A Public Interest Litigation challenges the eligibility of Shri Manoj Saunik for the post of Chairman, citing alleged misconduct and non-fulfillment of statutory qualifications.

The petition filed by Pravin P. Wategaonkar questioning the appointment of Shri Manoj Saunik as the Chairperson of the Maharashtra Real Estate Regulat...

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Supreme Court Reverses High Court Conviction in Murder Case, Restores Acquittal by Trial Court. Supreme Court allows appeal, sets aside High Court conviction of two accused in a 2005 murder case citing improper reasoning and lack of evidence.

The Supreme Court reversed the Karnataka High Court's conviction of two appellants in a murder case after the High Court overturned their earlier acqu...

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Resolving Housing Society Redevelopment Deadlock. Redevelopment rights of the cooperative housing society upheld amid developer's insolvency proceedings.

The Bombay High Court addressed a long-standing dispute over the redevelopment of a dilapidated housing society in Bandra (East), Mumbai. The Petition...