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Search Results for "developer/promoter"

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High Court

Bombay High Court Dismisses Petition Challenging De-registration of Housing Federation in Ongoing Real Estate Project — RERA Rule 9(1)(ii) Overrides MCS Act for Formation of Apex Body Before Project Completion.

22 Nov 2024

The petitioner, Lodha Belmondo Housing Federation Ltd., a federation registered under the Maharashtra Co-operative Societies Act, 1960, challenged the...

High Court

Bombay High Court Dismisses Developer's Challenge to Arbitral Award Rejecting Claim Over Stilt Parking Spaces. Court upholds arbitrator's interpretation that development agreement did not grant developer right to sell stilt car parking lots.

3 Jan 2013

The petitioner, M/s. M. Mamotra Associates, a developer, entered into a Development Agreement dated 20 February 2006 with the respondent, Leela Raj 'A...

High Court

High Court of Karnataka Hears Writ Petition Challenging Stamp Duty Revision Order Alleging Excess of Jurisdiction and Violation of Natural Justice. Court Examines Whether Stamp Duty Under Karnataka Stamp Act, 1957 is Payable on Built-Up Area When Sale Deed Conveys Only Undivided Land Share.

25 Jan 2025

The litigation arose out of a Joint Development Agreement (JDA) between Prestige Estates Projects Limited (developer) and United Breweries (Holdings) ...

High Court

Deemed Conveyance under MOFA – Rejection of Application by Competent Authority Set Aside. High Court of Bombay – Writ Petition under Article 226 – Challenge to Rejection of Deemed Conveyance – Developer’s Delay in Redevelopment Not a Justification – Statutory Rights under Section 11 of Maharashtra Ownership Flats Act, 1963 Upheld – Competent Authority Directed to Issue Conveyance Certificate

18 Feb 2025

Constitution of India, Article 226 – Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management, and Transfer) Act, ...

High Court

Bombay High Court Dismisses Cantonment Board's Challenge to Injunction in Demolition Dispute; Flat Purchaser Deemed Owner Entitled to Notice Under Section 185 of Cantonments Act, 1924. The Court held that construction completed during validity of building permission cannot be considered illegal and that the shop purchaser had a prima facie case for interim protection.

20 Dec 2010

The dispute arose when the Pune Cantonment Board sought to demolish shops in a building constructed on property bearing House No.2147, Modikhana, with...

High Court

Bombay High Court Dismisses Society's Receiver Appointment Plea in Redevelopment Dispute — Oral Contract Not Enforceable Under Specific Relief Act. Court holds that an oral agreement for redevelopment of a co-operative housing society, even if evidenced by resolutions, is not specifically enforceable under Section 10 of the Specific Relief Act, 1963, and that appointment of a receiver under Order XL Rule 1 of the Code of Civil Procedure, 1908 is not warranted when the plaintiff has no legal right to possession.

12 Nov 2014

The plaintiff, Mangal Milan Co-operative Housing Society Ltd., filed a suit seeking specific performance of an oral contract for redevelopment of the ...

High Court

Bombay High Court Dismisses Second Appeal by Adjacent Landowner in RERA Case — Locus Standi of Non-Allottee Denied. Project Completed Prior to RERA Act Not Required to Be Registered Under Section 3 of Real Estate (Regulation and Development) Act, 2016.

25 Aug 2023

The appellant, Dr. Yogesh Keshav Bele, owned land adjacent to a project called 'Blue Heaven' developed by Respondent No. 3. He was not an allottee in ...

High Court

Bombay High Court Hears Writ Petition Challenging Eviction Order Under Section 95A of Maharashtra Housing and Area Development Act, 1976 in Cooperative Society Redevelopment Scheme. Petitioners, Tenement Owners, Opposed Redevelopment by Developer Appointed by Majority of Society Members and Sought Quashing of Eviction Order and Declaration that Scheme Is Illegal.

24 Apr 2012

The petitioners, eight members and owners of tenements in Chitranjan Nagar Vidya Cooperative Housing Society Limited, Rajawadi, Ghatkopar (East), Mumb...

High Court

Bombay High Court Dismisses Appeals Against RERA Orders on Pre-2017 Agreements, Upholding Retrospective Application of MahaRERA. Court holds that Section 3(1) of RERA applies to ongoing projects even if agreements were executed before the Act came into force.

11 Sep 2020

The judgment concerns three connected second appeals filed before the Bombay High Court under the Civil Appellate Jurisdiction. The appeals were filed...

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....

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