Search Results for "promoter obligations"

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Search Results for "promoter obligations"

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High Court

Bombay High Court Dismisses Appeal in MOFA Conveyance Dispute — Cooperative Housing Society Fails to Establish Entitlement to Deed of Conveyance Against Church Trust. Court holds that under Section 11 of the Maharashtra Ownership of Flats Act, 1963, the obligation to execute a conveyance arises only if the promoter has developed the land and the society has paid the full consideration, which was not proved.

18 Jul 2016

The appellant, Our Lady of Vailankanni and Perpetual Succour Cooperative Housing Society Ltd., filed a suit (SC Suit No.875 of 2011) in the City Civil...

High Court

Bombay High Court Quashes Freezing of Demat Accounts of Promoter for Non-Compliant Company Under SEBI Circulars — Violation of Natural Justice and Proportionality. Freezing of all securities held by a promoter in a non-compliant company, including unrelated investments, without notice or hearing is arbitrary and illegal under Article 14, 21, and 300A of the Constitution.

26 Aug 2024

The Bombay High Court allowed two writ petitions filed by Dr. Pradeep Mehta and his son Neil Pradeep Mehta challenging the freezing of their demat acc...

High Court

Bombay High Court Quashes Deemed Conveyance Order Under MOFA Due to Lack of Notice to Developer. Section 11 of MOFA Requires Notice to All Parties Before Granting Unilateral Conveyance.

5 Jun 2023

The petitioners, M/s. ACME Enterprises (a partnership firm) and its partner Mr. Ummedra K. Vardhan, challenged an order dated 26th November 2019 passe...

High Court

Bombay High Court Quashes Competent Authority Order in MOFA Dispute — Failure to Provide Hearing Violates Natural Justice. Section 5A of MOFA Requires Notice and Opportunity of Hearing Before Directing Conveyance of Land to Society.

31 Aug 2012

The petitioners, Mazda Construction Company, Maredia Enterprises, and Sultanabad CHS Ltd. (Proposed), challenged an order dated 11.04.2012 passed by t...

High Court

Bombay High Court Hears Writ Petitions Challenging Corrigenda to Deemed Conveyance Certificates Under Maharashtra Ownership of Flats Act, 1963. Competent Authority Issued Certificates for Constructed Area and Later Extended to Land Without Notice, Prompting Promoters to Seek Quashing.

11 Dec 2020

Background: The dispute involved ten cooperative housing societies formed under the Maharashtra Co-operative Societies Act, 1960, in a development cal...

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 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 Upholds Removal of Managing Committee Members in Co-operative Housing Society for Violation of Section 78A MCS Act — Disqualification for One Term Upheld. The court held that the Deputy Registrar's order removing petitioners from managing committee and disqualifying them for one term was valid as they failed to comply with statutory requirements under Section 78A of the Maharashtra Co-operative Societies Act, 1960.

21 Feb 2025

The petitioners, members of JVPD Sterling CHS Ltd., challenged orders dated 13th January 2023 passed by the Deputy Registrar, Co-operative Societies, ...

High Court

Bombay High Court Hears Public Interest Litigation Challenging CIDCO Plot Allotments — Allegations of Fictitious Societies Grabbing Plots at Fixed Rates. The validity of allocations under the Maharashtra Regional and Town Planning Act, 1966 and CIDCO Regulations depends on the genuineness of the housing societies.

23 Nov 2005

The Public Interest Litigation was instituted by Public Concern for Governance Trust, a registered charitable trust, against the State of Maharashtra,...

High Court

Bombay High Court Grants Interim Relief Under Section 9 of Arbitration Act for Non-Issuance of Shares Despite Investment. Court Restrains Alienation of Property Released from Mortgage Using Petitioner's Funds Pending Arbitration.

18 Mar 2025

The petitioner, Manmohan Kapani, a 90-year-old US resident, invested USD 1 million in Kapani Resorts Pvt. Ltd. under a Share Subscription and Sharehol...

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