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FIRST APPEAL NO.514 OF 2014

The appeal arose from a suit dismissed by the trial court for mandatory injunction seeking execution of an agreement for sale of a flat under the Maha...

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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.

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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High Court Directs BBMP to Consider Apartment Owners' Complaint Against Building Licence Granted Over Common Amenity Area. Undivided Share in Entire Property Conveyed by Sale Deeds Includes Land Reserved for RWHU and STP; Builder Cannot Unilaterally Alter Approved Plan.

The petitioner, Keerthi Harmony Apartment Owners Association, challenged a building licence granted by the Bruhat Bengaluru Mahanagara Palike (BBMP) i...

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Bombay High Court Adjudicates Dual Proceedings on Cooperative Housing Society Dispute Over Change of User and Structural Alterations. The Court Examines Legality of Converting Residential Flats to Nursing Home and Making Additions Without Consent Under Maharashtra Ownership Flats Act, 1963.

The matter involved two consolidated proceedings: a writ petition under Article 227 of the Constitution of India challenging an order of the Maharasht...

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Bombay High Court Dismisses Cooperative Society's Challenge to Transfer of Shares and Membership. Transfer of shares by builder to flat purchasers held valid under Maharashtra Cooperative Societies Act, 1960 and Bye-laws.

The petitioner, R.N.A. Classic CHS Ltd, a cooperative housing society, filed four writ petitions challenging orders passed by the Deputy Registrar and...

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Karnataka High Court Reserves Decision on Quashing of Multiple FIRs in Real Estate Dispute; Developers Contend Breach of Contract, Not Cheating. Court Examines Whether Civil Dispute Can Attract Criminal Liability Under Sections 406 and 420 of Indian Penal Code, 1860.

The Karnataka High Court heard a batch of criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of mult...

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Bombay High Court Allows Writ Petition Against Society's Refusal to Grant Membership to Purchaser of Premises. Registered Sale Deed Holder Entitled to Membership Under Section 23(2) of Maharashtra Cooperative Societies Act, 1960 Despite Developer's Objection.

The petitioners, Apna Sahakari Bank Ltd. and its Deputy General Manager, filed a writ petition under Article 226 of the Constitution of India challeng...