Search Results for "MOFA 1963"

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Search Results for "MOFA 1963"

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High Court

Bombay High Court Dismisses Writ Petition Challenging Impleadment of Proposed Defendants in Suit Under MOFA. Court holds that impleadment of persons claiming title to the property is necessary for effective adjudication of the suit under Section 11 of the Maharashtra Ownership of Flats Act, 1963.

28 Aug 2019

The case involves a writ petition filed by Mahendra Jayantilal Vora and two others (petitioners) challenging an order of the trial court allowing thei...

High Court

Bombay High Court Dismisses Cooperative Society's Appeal Against Developer in Property Dispute — Interim Relief Denied Due to Lack of Prima Facie Case and Balance of Convenience. The court held that the society failed to establish a concluded contract as the development agreement was not signed by the developer, and the society had not paid full consideration, making damages an adequate remedy.

17 Dec 2011

The appellant, Rachanaa Co-Operative Housing Society Ltd., filed a suit for specific performance of a development agreement against the respondent dev...

High Court

Bombay High Court Quashes Corrigendum to Deemed Conveyance Certificate in MOFA Dispute — Unilateral Correction of Land Area Without Notice Violates Principles of Natural Justice. The Court held that the Competent Authority under Section 11 of MOFA cannot correct an alleged error in land area without hearing the affected society, as it requires fresh adjudication.

11 Nov 2025

The petitioner, Shri Shivam Co-operative Housing Society Ltd., challenged an order dated 6 May 2025 passed by the District Deputy Registrar and Compet...

High Court

Bombay High Court Dismisses Petition Challenging Cooperative Society Election Process — Upholds Registrar's Powers Under MCS Act. The Court held that the Registrar has exclusive jurisdiction to decide disputes relating to election of committee members under Section 152A of the Maharashtra Cooperative Societies Act, 1960, and civil courts are barred from entertaining such matters.

30 Nov -0001

The petitioner, Rasheesh Cooperative Housing Society Limited, a society registered under the Maharashtra Cooperative Societies Act, 1960, filed a writ...

High Court

Bombay High Court Dismisses Builder's Challenge to Deemed Conveyance Order Under MOFA. The Court held that the Competent Authority has jurisdiction to grant deemed conveyance of land and building to the society, and disputes over balance FSI are civil matters.

7 Apr 2015

The petitioners, a builder firm and its partners, challenged an order dated 5 May 2014 passed by the Competent Authority and District Deputy Registrar...

High Court

High Court Allows Writ Petition, Quashes Deemed Conveyance Order in Land Dispute Under Maharashtra Ownership Flats Act, 1963 -- Petitioners Challenge Unilateral Grant to Magnum Tower CHS Limited

24 Feb 2026

The High Court of Bombay allowed a Writ Petition filed by Petitioners against the State of Maharashtra and others, challenging an order dated 9 Januar...

Supreme Court

Supreme Court Dismisses Appeal in Consumer Dispute Over Limitation and Maintainability Under Consumer Protection Act 1986. Complaint Barred by Limitation as Cause of Action Arose When Municipal Authorities First Demanded Higher Charges, Not Continuing, and Not Maintainable as Appellant Not a Consumer Under Section 2(1)(d) for Property Tax and Water Services Provided by Municipal Authorities.

11 Jan 2022

The appeal originated from a judgment of the National Consumer Disputes Redressal Commission dated 3 December 2018, which dismissed a consumer complai...

High Court

Bombay High Court Dismisses Developer's Challenge to Deemed Conveyance Under MOFA Act — Society Entitled to Conveyance of Both Plots. District Registrar's Order Under Section 11 of MOFA Act, 1963 Upheld as Developer Failed to Show Jurisdictional Error.

5 Feb 2014

The petitioners, M/s. Sawant Constructions, a partnership firm and developer, challenged an order dated 21 June 2013 passed by the District Deputy Reg...

High Court

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.

16 Apr 2019

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

High Court

Bombay High Court Allows Appeal in MOFA Act Dispute Over Carpet Area Representation — Interim Injunction Granted to Protect Purchaser's Rights Pending Trial. The court held that the purchaser had made out a prima facie case and balance of convenience favoured grant of injunction to protect the subject matter of the suit under the Maharashtra Ownership of Flats Act, 1963.

11 Dec 2013

The appellants, Mrs. Sarika Paresh Mehta and Mr. Paresh Ratilal Mehta, original plaintiffs, entered into an agreement with the respondent, ERA Realtor...

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