Search Results for "subsequent purchasers"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "subsequent purchasers"

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High Court

Bombay High Court Allows Writ Petition Challenging Rejection of Deemed Conveyance Application Under MOFA — Holds That Competent Authority Cannot Reject Application on Grounds of Missing Documents After Issuing Notice, and That Lack of Occupation Certificate Is Not a Bar to Grant of Deemed Conveyance.

25 Nov 2024

The petitioner, ALJ Residency Co-operative Housing Society Ltd., filed a writ petition under Article 227 of the Constitution of India challenging the ...

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 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

Bombay High Court Allows Challenge to Unilateral Deemed Conveyance Certificate Under MOFA Section 11 — Competent Authority Cannot Incorporate Third-Party Rights Created by Documents Other Than Section 4 Agreement. Court Directs Removal of Such References from Certificate While Relegating Parties to Civil Suit.

8 Mar 2024

The Petitioner, Riddhi Gardens Building No. A1, A2 Co-operative Housing Society Limited, challenged a certificate of unilateral deemed conveyance issu...

High Court

Bombay High Court Quashes Deemed Conveyance Order in Co-operative Housing Society Dispute — Lack of Notice to Original Landowner Violates Principles of Natural Justice. Deemed Conveyance under Section 11 of MOFA cannot be granted without affording opportunity of hearing to the developer who is not a member of the society.

4 Oct 2023

The petitioners, M/s. K.G. Associates (developer) and its partner, challenged an order dated 17 March 2020 passed by the Deputy Registrar of Co-operat...

Supreme Court

Supreme Court Dismisses Legal Representatives' Appeal in Execution Proceedings Upholding Auction Sale After Half-Century Litigation. The court held that an application under Section 47 of the Code of Civil Procedure, 1908 challenging the auction sale on grounds of non-compliance with Order XXI Rule 64 is not maintainable after multiple rounds of litigation and long delay, applying principles of res judicata and noting the binding effect of a compromise with auction purchasers.

5 Oct 2021

The dispute originated from a money suit filed in 1971 by Rama Rani Devi against Sasadhar Biswas for recovery of Rs. 3000, which was decreed ex parte ...

High Court

Bombay High Court Dismisses Challenge to MOFA Amendments and Upholds Conveyance Order — Amendments to Maharashtra Ownership of Flats Act, 1963 by Act No.4 of 2008 are intra vires and Competent Authority's order directing conveyance is valid as promoter failed to execute conveyance within statutory period.

17 Oct 2013

The petitioner, M/s. Shree Siddharth Construction, a partnership firm, challenged the constitutional validity of amendments made to the Maharashtra Ow...

High Court

Bombay High Court Dismisses Cooperative Society's Appeal Against Developer in Property Dispute — Interim Relief Denied Due to Lack of Prima Facie Case and Balance of Convenience. The court held that the society failed to establish a concluded contract as the development agreement was not signed by the developer, and the society had not paid full consideration, making damages an adequate remedy.

17 Dec 2011

The appellant, Rachanaa Co-Operative Housing Society Ltd., filed a suit for specific performance of a development agreement against the respondent dev...

High Court

Bombay High Court Dismisses Appeal by Flat Purchasers Against Conveyance Deed — No Right to Challenge Vendor's Title. Flat purchasers cannot challenge a conveyance deed executed by the original owner in favor of a developer as they have no right to question the vendor's title under the Transfer of Property Act, 1882.

25 Mar 2010

The appellants, who are flat purchasers in a building, filed a suit seeking a declaration that a Deed of Conveyance dated 25th October 2004 executed b...

High Court

Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Injunction and Possession. The court held that under Article 227 of the Constitution of India, interference with concurrent findings of fact is not warranted unless there is a perverse finding or patent error of law.

30 Nov -0001

The petitioner, Zircon Venture Cooperative Housing Society Ltd., filed a writ petition under Article 227 of the Constitution of India challenging the ...

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