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Bombay High Court Allows Appeal in Arbitration Act Case — Upholds Appointment of Arbitrator Despite Alleged Non-Compliance with Pre-Arbitration Steps. Section 11(6) of the Arbitration and Conciliation Act, 1996 invoked where respondent failed to appoint arbitrator within 30 days of notice.

The appellant, a company incorporated under the Companies Act, 1956, and the respondent, a multi-state co-operative society constituted under the Mult...

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WRIT PETITION NO. 151 OF 2019

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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.

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

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Bombay High Court Quashes Deemed Conveyance Order in MOFA Case Due to Binding Consent Decrees — Competent Authority Cannot Override Civil Court Decrees. Consent Decree Operates as Res Judicata and Estoppel Between Parties Under Section 11 of Maharashtra Ownership Flats Act, 1963.

The Petitioner, owner of a larger property, had constructed a building and sold flats to purchasers who formed Respondent No. 2 Society. The Petitione...

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Karnataka High Court Examines Writ Petition Challenging Conduct of Elections to Karnataka Medical Council. Preliminary Objections Based on Estoppel and Availability of Alternative Remedy Raised Under Karnataka Medical Registration Act, 1961.

The petitioner, a registered member of the Karnataka Medical Council, filed a writ petition under Articles 226 and 227 of the Constitution challenging...

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Bombay High Court Dismisses Petitions Challenging Government's Refusal to Grant No-Objection Certificate for Starting New Colleges. Government Policy Requiring Prior Approval from University Grants Commission and State Government for Establishment of New Colleges Upheld.

The judgment pertains to two writ petitions filed by educational societies seeking a writ of mandamus to direct the State of Maharashtra and other res...

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WRIT PETITION NO. 73 OF 2015

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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.

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

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Bombay High Court Dismisses Petition Challenging Minister's Order in Cooperative Society Election Dispute. Court upholds Minister's appellate order directing election of 16 members from each division under byelaws, rejecting challenge based on alleged lack of jurisdiction.

The petitioners, members of a cooperative society affiliated with Respondent No. 5, challenged an order dated 29.1.1999 passed by the Minister of Stat...