Search Results for "MOFA obligations"

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Search Results for "MOFA obligations"

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High Court

High Court of Judicature at Bombay Hears Cross Appeals Against Temporary Injunction Order in Suit by Co-operative Housing Society. Developer and Land Owner Challenge Order Restraining Construction and Use of FSI in Suit Alleging Breach of Development Obligations.

7 Apr 2016

The dispute arose from a development project known as Dosti Flamingos in Sewri, Mumbai. M/s. Dosti Corporation, a partnership firm, acted as developer...

High Court

Bombay High Court Partially Allows Appeal in RERA Refund Dispute — Joint Developer Not Liable for Refund of Amounts Not Received. The court held that under Sections 12 and 18 of RERA, only a promoter who has received payment can be directed to refund, and joint and several liability cannot be imposed without statutory basis.

26 Feb 2024

The case involves a dispute under the Real Estate (Regulation and Development) Act, 2016 (RERA) regarding the refund of amounts paid by an allottee to...

High Court

Bombay High Court Adjudicates Writ Petition Involving Cooperative Housing Societies and Developer Over MOFA Compliance. Pleadings Involve Section 5A of the Maharashtra Ownership Flats Act, 1963 and Role of District Deputy Registrar.

9 May 2025

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High Court

Bombay High Court Quashes Deficit Stamp Duty Demand on Cancelled Development Agreement — Agreement Cancelled Prior to Adjudication Not Liable to Stamp Duty Under Maharashtra Stamp Act, 1958. The court held that stamp duty is chargeable on instruments, not on transactions, and a cancelled instrument cannot be subjected to duty.

5 Mar 2020

The petitioner, Vikrant Vikas Raikar, proprietor of M/s. Elegant Constructions, challenged an order dated 16th March 2018 passed by the Chief Controll...

High Court

Bombay High Court Dismisses Petition Challenging Notification Declaring Company as Relief Undertaking Under Bombay Relief Undertakings (Special Provisions) Act, 1958 — No Violation of Article 14 or Article 19(1)(g) Found. The notification was issued to protect the company from legal proceedings and to enable its revival, and the court held that the Act does not require prior hearing or publication of reasons.

21 Mar 2012

The petitioners, residents of a housing society and social activists, filed a writ petition under Article 226 of the Constitution of India challenging...

High Court

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.

24 Sep 2024

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

High Court

Bombay High Court Dismisses Promoter's Appeal in RERA Delayed Possession Case, Upholds Allottees' Right to Interest. Section 18 of RERA Overrides Section 55 of Contract Act; Acceptance of Delayed Possession Does Not Waive Right to Compensation.

18 Jun 2026

The case involves a Second Appeal filed by CCI Projects Private Limited (the promoter) against the judgment of the Maharashtra Real Estate Appellate T...

High Court

Bombay High Court Considers Challenge to Bifurcation and Deemed Conveyance Orders Under Maharashtra Co-operative Societies Act, 1960 and Maharashtra Ownership Flats Act, 1963. The petitions were filed by a co-operative housing society against orders that bifurcated the society and granted deemed conveyance to a minority group.

30 Jan 2026

The Bombay High Court heard a group of writ petitions filed by Jay Anand Co-operative Housing Society Ltd. against the State of Maharashtra and others...

High Court

Bombay High Court Dismisses Petition Challenging Re-Development Agreement Validity in Co-operative Housing Society Dispute. Court upholds that a re-development agreement executed by the Managing Committee of a co-operative housing society is binding on members, and that the District Deputy Registrar's order under Section 79A of the Maharashtra Co-operative Societies Act, 1960 was within jurisdiction.

12 Mar 2024

The case pertains to a dispute arising from a re-development agreement executed by the Managing Committee of Krishna Co-operative Housing Society Ltd....

High Court

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.

16 Dec 2025

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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