Search Results for "Maharashtra Apartment Ownership Act, 1970"

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Search Results for "Maharashtra Apartment Ownership Act, 1970"

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High Court

Bombay High Court Allows Deemed Conveyance to Co-operative Society Despite Pending Layout Development — MOFA Obligation to Convey Land to Flat Purchasers Is Not Contingent on Completion of Entire Layout. The Court held that the developer's obligation under Section 11 of MOFA, 1963 to convey the land to the society is absolute once occupation certificate is granted, and the Competent Authority cannot reject an application for deemed conveyance on the ground that the developer has not completed the entire layout.

15 Jun 2026

The Petitioner, Upvan Woodlands Co-operative Housing Society Limited, filed a writ petition under Article 227 of the Constitution of India challenging...

High Court

Bombay High Court Allows Writ Petition Challenging De-registration of Cooperative Society by Minister for Cooperation. Minister Exceeded Jurisdiction Under Section 154 of Maharashtra Cooperative Societies Act by Deciding on Building Legality Issues Beyond the Act's Scope.

19 Jan 2023

The petitioner, Airoli Neha Apartment Co-op. Housing Society Ltd., filed a writ petition under Articles 226 and 227 of the Constitution of India chall...

High Court

Bombay High Court Allows Writ Petition Challenging Condition No. 5 of NOCs for Redevelopment Projects — Condition Imposing Payment of Expenditure Incurred by Board Held Unauthorized and Without Legal Basis. Court directs refund of amounts paid under protest pursuant to the impugned condition.

23 Nov 2022

The Petitioner, Chandulal Jorawarmal Mehta, a sole proprietor of Mehta Developers, filed a Writ Petition under Article 226 of the Constitution of Indi...

High Court

Bombay High Court Allows Writ Petition Challenging Rejection of Temporary Injunction in MOFA Dispute Over Parking Spaces. Court Restrains Society Members from Obstructing School's Use of 110 Stilt Parking Spaces Pending Suit.

27 Sep 2022

The petitioner, Goel Ganga Foundation, runs an international school and filed a suit for injunction against the Federation of Swarganga Co-operative S...

Supreme Court

Supreme Court Allows Appeal of Resolution Professional in IBC Moratorium Dispute. Section 14(1)(d) of Insolvency and Bankruptcy Code, 2016 prohibits owner from recovering property occupied by corporate debtor during moratorium, even under joint development agreement.

19 Feb 2020

The appeal arose from a dispute concerning the interpretation of Section 14(1)(d) of the Insolvency and Bankruptcy Code, 2016 (IBC). The appellant, Ra...

High Court

Bombay High Court Dismisses Appeal Against Refusal of Interim Injunction in Development Agreement Dispute. Court holds that plaintiff failed to establish prima facie case and balance of convenience for injunction restraining defendant from dealing with property.

23 Apr 2015

The appellant, M/s Gandhi Builders & Developers, filed a suit for specific performance of a development agreement dated 26-11-2007 with the predecesso...

High Court

Bombay High Court Allows Writ Petition Challenging MHADA's Refusal to Register Proposed Cooperative Housing Society Under Section 22 of MHADA Act, 1976 — Held That a Proposed Society Is Entitled to Seek Registration and the Authority Cannot Refuse on Grounds of Non-Completion of Construction.

26 Mar 2015

The petitioners, Bhartiya Vidya Bhavan (Bavla Compound) Co-op. Housing Society (proposed) and its promoters, along with Darshan Developers, filed a wr...

High Court

Bombay High Court Quashes Process Issued Against Petitioners in Maharashtra Fire Prevention Act Case — Lack of Sanction Under Section 36 Renders Complaint Invalid. Court held that prior sanction of the Commissioner is mandatory for prosecution under Sections 3(1), 3(3), 3(4) r/w 36 of the Maharashtra Fire Prevention and Life Safety Measures Act, 2006, and its absence vitiates the criminal proceedings.

6 May 2013

The petitioners, seven residents of Jolly Maker I Cooperative Housing Society in Mumbai, filed a writ petition under Article 227 of the Constitution o...

High Court

Bombay High Court Allows Writ Petition Quashing Stamp Duty Order in Seawoods Project Development Agreement — Lease Deed Not Liable to Stamp Duty as Conveyance Under Bombay Stamp Act, 1958. The court held that a development agreement-cum-lease deed executed by CIDCO for a 60-year term is a lease, not a conveyance, and is chargeable under Article 36 of Schedule I of the Bombay Stamp Act, 1958.

28 Sep 2012

The petitioners, Larsen and Toubro Ltd and its subsidiary, challenged an order dated 16 July 2011 passed by the Chief Controlling Revenue Authority (r...

High Court

Bombay High Court Upholds Specific Performance of Development Agreement in Favor of Purchasers. Agreement for Development Treated as Agreement for Sale Under Specific Relief Act, 1963 as Essential Terms Constitute Sale of Immovable Property.

18 Jul 2012

The appellants, original defendants, were the owners of a property in Pune. They executed a development agreement dated 18th October 2007 in favor of ...

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