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Search Results for "development agreements"

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High Court

Bombay High Court Dismisses Developer's Challenge to Stamp Duty Demand on Development Agreements — Agreements Held to be Conveyance Under Bombay Stamp Act. The Court ruled that development agreements granting authority to sell flats at developer's discretion and coupled with possession transfer constitute conveyance under Sections 2(g), 2(l) read with Explanation-I of Article 25 of the Bombay Stamp Act, 1958.

5 Aug 2026

The petitioner, a developer partnership firm, entered into two development agreements dated 20.08.1987 and 27.03.1987 with a co-operative housing soci...

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 ...

Supreme Court

Supreme Court Dismisses Developer's Appeal in Slum Rehabilitation Project Due to Unconscionable Delay. The Court upheld the termination of the development agreement under Section 13 of the Maharashtra Slum Areas Act, 1971, emphasizing that the right to shelter under Article 21 cannot be held hostage by a developer's inaction.

30 Jul 2024

The present appeal arises from a dispute concerning a slum rehabilitation project in Borivali, Mumbai, under the Maharashtra Slum Areas (Improvement, ...

High Court

Bombay High Court Dismisses Appeals by Landowners Challenging Appointment of Arbitrator in Development Dispute. Disputes under Development Agreements Held Arbitrable Due to Existence of Arbitration Clause Under Section 11 of Arbitration and Conciliation Act, 1996.

30 Nov -0001

The judgment pertains to two arbitration appeals (Arbitration Appeal No. 102 of 2024 and Arbitration Appeal No. 101 of 2024) along with interim applic...

High Court

High Court of Judicature at Bombay Hears Cross Appeals Against Temporary Injunction Order in Suit by Co-operative Housing Society. Developer and Land Owner Challenge Order Restraining Construction and Use of FSI in Suit Alleging Breach of Development Obligations.

7 Apr 2016

The dispute arose from a development project known as Dosti Flamingos in Sewri, Mumbai. M/s. Dosti Corporation, a partnership firm, acted as developer...

High Court

Bombay High Court Considers Interim Relief in Redevelopment Contract Dispute. Non-Cooperating Members of Cooperative Housing Society Face Motion for Injunction and Mandatory Orders.

16 Sep 2013

The plaintiff, a developer, filed suit for specific performance of a redevelopment contract against a cooperative housing society and some of its non-...

High Court

High Court of Bombay at Goa Allows Second Appeal in RERA Registration Dispute — Development Agreement Not Required to Be Registered Under Registration Act for Project Registration. The Court held that the Goa Real Estate Regulatory Authority exceeded its jurisdiction by insisting on compulsory registration of a development agreement under Section 17 of the Registration Act, 1908, as a precondition for processing a project registration application under Sections 3 and 4 of the Real Estate (Regulation and Development) Act, 2016.

18 Jul 2026

The appellant, Edcon Real Estate Developers, a registered partnership firm, filed a Second Appeal under Section 58 of the Real Estate (Regulation and ...

High Court

Bombay High Court Allows Writ Petition Quashing Stamp Duty Order in Seawoods Project Development Agreement — Lease Deed Not Liable to Stamp Duty as Conveyance Under Bombay Stamp Act, 1958. The court held that a development agreement-cum-lease deed executed by CIDCO for a 60-year term is a lease, not a conveyance, and is chargeable under Article 36 of Schedule I of the Bombay Stamp Act, 1958.

28 Sep 2012

The petitioners, Larsen and Toubro Ltd and its subsidiary, challenged an order dated 16 July 2011 passed by the Chief Controlling Revenue Authority (r...

High Court

Bombay High Court Upholds Injunction Against Developer in Dispute Over Exhausted FSI and Conveyance Rights. Prima Facie, Developer's Attempt to Use TDR for Further Construction on Sector IV-A After Exhausting Consumable FSI Violates Cooperative Housing Societies' Right to Conveyance.

15 Apr 2015

The Bombay High Court dealt with cross-appeals arising from an interim injunction granted in a suit filed by cooperative housing societies against the...

High Court

Bombay High Court Restrains Developers from Constructing Additional Buildings in Multi-Building Scheme Without Flat Owners' Consent Under MOFA. Disclosure of Potential Additional Construction Held Insufficient Where Specific Representations Were Made About FSI Utilisation and Layout.

22 Jan 2015

The dispute centered on a 230-acre development known as the Powai Area Development Scheme (PADS), in which several cooperative housing societies of co...

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