Search Results for "ownership certificate"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "ownership certificate"

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High Court

Bombay High Court Dismisses Plaintiff's Suit for Possession in Property Dispute — Unregistered Agreements for Sale of Tenanted Premises Held Invalid for Want of Registration Under Section 17 of the Registration Act, 1908. The court held that unregistered conveyances do not confer title and cannot be used to claim possession against tenants.

8 Apr 2015

The plaintiff, Parwan Construction Pvt. Ltd., filed a suit for possession of Unit No.1C admeasuring 976 sq. ft. against the defendants, claiming owner...

High Court

Bombay High Court Allows Writ Petition Challenging Attachment Notice Against Bona Fide Purchaser of Flat from Borrower. Recovery Certificate Not Binding on Purchaser Who Paid Full Consideration Before Loan Availed.

19 Dec 2023

The petitioner, Swati Mangesh Sawant, filed a writ petition challenging a notice dated 12 March 2021 issued by the Special Recovery Officer and a Reco...

High Court

Bombay High Court Considers Writ Petition Challenging Ownership Certificate under Section 38-E of Hyderabad Tenancy and Agricultural Lands Act, 1950; No Final Decision Included in Provided Text. Court Observes That Certificate Under Section 38-E is a Formal Declaration of Ownership by Legal Fiction, Not an Order in Strict Sense, and Relies on Bharatlal Hemraj v. Kondiba Govinda Jadhav.

30 Mar 2021

This writ petition under Article 226 of the Constitution of India (as inferred) was filed by two daughters of Narmadabai Totla challenging an order da...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Deemed Conveyance Under MOFA Due to Pending Title Dispute. Availability of Alternate Civil Suit Remedy Renders Writ Petition Under Article 227 Not Maintainable.

21 Nov 2024

The petitioner, M/s. Blue Heaven Co-op Housing Society Ltd., filed a writ petition under Article 227 of the Constitution of India challenging the orde...

High Court

Bombay High Court Upholds Deemed Conveyance Under MOFA Despite Pending Civil Suit — Statutory Right to Conveyance Independent of Contractual Disputes. The Competent Authority's grant of deemed conveyance under Section 11 of the Maharashtra Ownership Flats Act, 1963 was upheld as the statutory right operates independently of a pending civil suit for specific performance and damages.

7 Feb 2025

The petitioner, Swastik Promoters and Developers, challenged an order dated 26th July 2021 passed by the Competent Authority (District Deputy Registra...

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

High Court of Judicature at Bombay Adjudicates Creditor's Application for Secured Creditor Status in Liquidation; Cooperative Bank's Claim Based on Unregistered Mortgage and Recovery Certificate Under Maharashtra Cooperative Societies Act, 1960. A Recovery Certificate ordering attachment and sale does not create a charge on company assets without registration under Section 125 of the Companies Act, 1956, and an unregistered mortgage is void against the Official Liquidator.

3 Jun 2019

This matter arose in the winding up of Satwik Electric Controls Private Limited (the Company), ordered to be wound up on 19 July 2007. City Coop Credi...

High Court

Bombay High Court Allows Plaintiff's Suit for Declaration and Possession in Property Identity Dispute. Plaintiff Established Use of Name Pushpa/Pushpalata Interchangeably and Held to Be True Owner of Flat Under Cooperative Society Share Certificate.

7 Aug 2015

This suit involved a dispute between two sisters-in-law over the ownership of a residential flat in Mumbai. The plaintiff, Pushpalata Sohanlal Sharma,...

High Court

Bombay High Court examined second appeal involving validity of Section 88B certificate under Bombay Tenancy and Agricultural Lands Act, 1948 and termination of agricultural lease. Court considered whether civil court jurisdiction was barred under Section 85 and whether quit notice under Chapter V of Transfer of Property Act, 1882 was valid.

6 May 2022

The dispute concerned agricultural land bearing survey no. 490 admeasuring 3 Acre 24 Guntha at village Nhavi, Taluka Yawal, District Jalgaon, owned by...

High Court

Deemed Conveyance under MOFA – Rejection of Application by Competent Authority Set Aside. High Court of Bombay – Writ Petition under Article 226 – Challenge to Rejection of Deemed Conveyance – Developer’s Delay in Redevelopment Not a Justification – Statutory Rights under Section 11 of Maharashtra Ownership Flats Act, 1963 Upheld – Competent Authority Directed to Issue Conveyance Certificate

18 Feb 2025

Constitution of India, Article 226 – Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management, and Transfer) Act, ...

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