Search Results for "unilateral conveyance"

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Search Results for "unilateral conveyance"

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High Court

Bombay High Court Dismisses Petitions Challenging Modification of Deemed Conveyance Certificate by Competent Authority Under MOFA. Functus Officio Doctrine Not Applicable to Corrective Orders; Competent Authority Can Modify Certificate to Specify Proportionate Share in Recreational Ground and Exact Survey Numbers.

15 Jul 2026

The judgment concerns two writ petitions filed by Shree Rasraj Heights Co-operative Housing Society Ltd. (Petitioner in WP-6008/2026) and M/s. Brij Bu...

High Court

Bombay High Court Allows Petition in Cooperative Society Dispute — Appointment of Administrator Set Aside for Violation of Natural Justice. The Court held that the District Deputy Registrar's order appointing an administrator under Section 77 of the Maharashtra Cooperative Societies Act, 1960 was passed without affording the society a hearing, violating principles of natural justice.

24 Apr 2026

The petitioner, Karamshi Jethabhai Somaiya Trust, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court ch...

High Court

Bombay High Court Holds Pending Civil Suits Not a Bar to Deemed Conveyance Under MOFA: Quantum Park CHS v. AHCL-PEL & Ors

24 Feb 2026

The Bombay High Court allowed the writ petition filed by Quantum Park Cooperative Housing Society and quashed the order rejecting its application for ...

High Court

Bombay High Court Quashes Corrigendum to Deemed Conveyance Orders in Co-operative Housing Society Dispute — Rectification After Five Years Held Barred by Limitation and Beyond Power to Correct Clerical Errors. The Court held that the Competent Authority under Section 5A of the Maharashtra Ownership Flats Act, 1963 cannot modify substantive rights through a corrigendum after the order has been acted upon, and the application for rectification filed after five years is barred by limitation.

29 Jul 2024

The Petitioner, Prem Villa Co-operative Housing Society Ltd., challenged a Common Corrigendum/Order dated 14.01.2020 issued by the District Deputy Reg...

High Court

Bombay High Court Dismisses Petition Challenging Unilateral Deemed Conveyance Due to Inordinate Delay and Laches. Petitioner-Society's Grievance of Non-Conveyance of Entire Land Rejected as Delay of Over 7 Years Unexplained.

22 Mar 2024

The petitioner, Jalaram Ashish Co-operative Housing Society Ltd., filed a writ petition challenging an order dated 7 October 2015 passed by the Compet...

High Court

Bombay High Court Upholds Temporary Injunction in Property Dispute Based on Agreement to Sell and Possessory Rights. Court Restrains Defendant from Alienating Suit Property or Acting on Assignment Deed, Directs Plaintiff to Pay Accommodation Charges to Tenants.

8 Nov 2023

The dispute pertains to a property known as 'Sharda Niwas' in Goregaon, Mumbai. The plaintiff, Jagdish Harkishan Sharma, claimed to have entered into ...

High Court

Bombay High Court Allows Appeal by Housing Society Against Stay on Conveyance Certificate Under MOFA — Upholds Competent Authority's Order for Unilateral Execution of Conveyance Deed. The court held that the trial court failed to consider the statutory scheme of Section 11(4) of MOFA and the society's prima facie right to conveyance.

21 Mar 2022

The appellant, Sukruti Apartment Co-operative Housing Society Ltd., was formed by flat purchasers of a building constructed by the promoter, Sukruti B...

High Court

Bombay High Court Dismisses Writ Petition Challenging Arbitral Tribunal's Jurisdictional Order as Not Maintainable. Remedy Lies Under Section 34 of Arbitration and Conciliation Act, 1996 After Final Award.

22 Apr 2021

The petitioner, Tirupati Shopping Centre Premises Co-op. Society Limited, filed a writ petition under Articles 226 and 227 of the Constitution of Indi...

Supreme Court

Supreme Court Allows Appeals of Flat Buyers Against Developer for Delayed Possession, Holds Unilateral Compensation Clause Unfair. Developer's stipulation of Rs 5 per sq ft per month as liquidated damages for delay held inadequate and unconscionable; flat buyers entitled to compensation at 6% per annum on amounts paid.

24 Aug 2020

The case involves appeals by 171 flat buyers against the dismissal of their consumer complaint by the National Consumer Disputes Redressal Commission ...

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...

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