Search Results for "MOFA Act"

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Bombay High Court Allows Petition Challenging Re-Development Agreement and Bye-Law Amendments in Co-operative Housing Society. Court Holds That Re-Development Agreement and Bye-Law Amendments Without General Body Approval Are Void Under Maharashtra Co-operative Societies Act, 1960.

The petitioner, B. K. Corporation, an association of persons, filed a writ petition challenging the validity of a re-development agreement and bye-law...

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Bombay High Court Dismisses Petition Challenging Cooperative Society Registration — Petitioner Lacks Locus Standi as Non-Member. Registration of Dayal Smruti Cooperative Housing Society under Maharashtra Cooperative Societies Act, 1960 upheld as petitioner was not a member and had no right to object.

The petitioner, Rachana Developers, a registered partnership firm, filed a writ petition under Article 226 of the Constitution of India before the Bom...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Temporary Injunction in MOFA Conveyance Suit. Concurrent findings of trial court and appellate court that plaintiff failed to establish prima facie case for injunction upheld.

The petitioner, Sita Vihar Co-operative Housing Society Ltd., filed a writ petition challenging the concurrent rejection of its application for tempor...

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Bombay High Court Quashes Deemed Conveyance Order in MOFA Dispute — Petitioner's Rights as Agreement Holder Ignored. Unilateral Conveyance Granted Without Notice to Petitioner Violates Principles of Natural Justice Under Section 11 of Maharashtra Ownership Flats Act, 1963.

The Petitioner, Gayatri Construction, a partnership firm, challenged an order dated 15 November 2022 and corrigendum dated 20 December 2022 passed by ...

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Bombay High Court Allows Appeal Against Rejection of Plaint Under Order 7 Rule 11(d) CPC — Plaint Cannot Be Rejected After Framing of Issues. Suit for Specific Performance Under MOFA Not Barred by Limitation as Limitation is a Mixed Question of Law and Fact.

The appellant, Mrs. Sicily Varghese Kadamthottu, filed a suit for specific performance against the respondents, who were promoters under the Maharasht...

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Bombay High Court Dismisses Petition for Reference to Arbitration in MOFA Suit Involving Non-Signatory Parties. Arbitration Clause Cannot Be Invoked When Suit Seeks Statutory Reliefs Against Developer and Municipal Corporation Under Maharashtra Ownership of Flat Act, 1963.

The petitioner, Shah & Mody Developers, was the defendant in a suit filed by the respondents (Alka Ketan Shah and others) in the City Civil Court, Din...