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Bombay High Court Hears Writ Petition by Co-operative Housing Society Seeking Full Deemed Conveyance Under MOFA. Petition Challenges Partial Grant of Deemed Conveyance, Excluding Chawl and Access Areas, Citing Incomplete Consideration of Agreements.

The petitioner, a co-operative housing society registered in 1971, filed a writ petition under Article 226 of the Constitution of India challenging th...

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High Court of Karnataka Allows Writ Petition Challenging Trial Court Order on Memo for Additional Issues in Suit for Partition and Injunction. Court Holds That Trial Court Erred in Rejecting Memo Without Considering Its Merits and That the Memo Was Not Barred by Res Judicata or Constructive Res Judicata.

The petitioners, who are the plaintiffs in O.S. No.30/2007 pending before the Principal Civil Judge and JMFC, Gowribidanur, filed a suit for partition...

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Deemed Conveyance under MOFA Cannot Be Set Aside Merely on Technical Objections When Developer Fails to Execute Conveyance – Bombay High Court

The dispute arose when a cooperative housing society sought deemed conveyance of the land and building from the developer who had failed to execute th...

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High Court of Judicature at Bombay Interprets Conditions for Debtor's Insolvency Petition Under Presidency Towns Insolvency Act, 1909. Court Clarifies That Allegation of Inability to Pay Debts is Sufficient While Entitlement to Present Petition Must Be Proved Under Section 14.

The judgment dealt with two debtors' insolvency petitions filed by a father and son duo under the Presidency Towns Insolvency Act, 1909 (PTI Act). The...

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Bombay High Court Dismisses Petition by Education Society Challenging Quashing of Teacher's Termination. Termination Based on Alleged Caste Fraud Set Aside as Employee's Caste Certificate Was Valid and No Misrepresentation Proven.

The petitioners, Pratibha Niketan Education Society and Pratibha Niketan High School, Nanded, challenged the judgment and order dated 21/08/2015 of th...

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Bombay High Court Upholds Constitutional Validity of MVAT Provisions on Input Tax Credit Reversal for Capital Goods Sold as Scrap. Section 48(5) of MVAT Act, 2002 and Rule 58A of MVAT Rules, 2005 held intra vires the Constitution and not ultra vires the parent Act.

The judgment concerns a batch of writ petitions filed by various companies challenging the constitutional validity of Section 48(5) of the Maharashtra...