Search Results for "flat allotment"

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Search Results for "flat allotment"

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Supreme Court

Supreme Court Dismisses Appeals by Development Authority in Land Allotment Case, Upholding High Court's Directions for Sale Deed Execution and Refund. The Court found no error in the High Court's judgment under Section 100 of the Code of Civil Procedure, 1908, based on allotment letters, possession handover, and lease-cum-sale agreements creating enforceable rights.

28 Apr 2023

The Supreme Court disposed of a bunch of appeals challenging a common judgment of the High Court that decided five Regular Second Appeals. The appeals...

High Court

Bombay High Court Allows Axis Bank's Application to be Joined as Party in Multiple Suits Against Orbit Corporation Ltd. — Bank's Right to Defend Its Mortgage Interest Recognized. The court held that a mortgagee bank has a right to be heard in suits for specific performance of agreements for sale of mortgaged properties, as its interest would be affected by any decree.

2 Aug 2017

The judgment concerns multiple notices of motion filed by Axis Bank Limited seeking to be joined as a party in various suits filed by flat purchasers ...

High Court

Bombay High Court Allows Appeal in MHADA Tenancy Dispute — Appellant's Possession Held Lawful Despite Absence of Written Statement. Court sets aside dismissal of suit for declaration and injunction, finding that appellant proved her tenancy through allotment letter and rent receipts, and that respondent's failure to file written statement did not preclude cross-examination.

6 Oct 2016

The appellant, Smt. Zaverben Mavji Hariya, filed a suit in the City Civil Court, Mumbai, seeking a declaration that she was a lawful tenant of Flat No...

High Court

Bombay High Court Allows Appeal in Income Tax Capital Gains Case — Section 54F Deduction Computation Clarified. Investment in new asset before due date of filing return qualifies for exemption even if return is filed late.

18 Aug 2016

The appellant, Humayun Suleman Merchant, sold a plot of land in Mumbai on 29th April 1995 for Rs.85,33,250/-, resulting in a long-term capital gain. T...

High Court

Bombay High Court Allows Appeal in Property Dispute Over Redevelopment Agreement — Appellant Entitled to Specific Performance of Flat Allotment. Court held that the appellant was entitled to the entire 830 sq. ft. flat as per the agreement, not merely 562.5 sq. ft. free of cost, and that the learned Single Judge erred in restricting the relief.

20 Oct 2015

The appellant, Kedar Chandrakant Berde, was the original plaintiff in a suit against Rishabraj Housing and Virangula Cooperative Housing Society Limit...

High Court

Bombay High Court Holds Suit Maintainable Despite Absence of Notice Under Section 164 of Maharashtra Co-operative Societies Act, 1960 — Reliefs Against Society Are Consequential, Not Adversarial

10 Sep 2015

The plaintiff, Kumar Tarachand Laungani, filed a suit against his brother, Deepak Tarachand Laungani (defendant no.1), and Shikarpuri Co-operative Hou...

High Court

Bombay High Court Dismisses Developer's Suit for Specific Performance and Injunction Against Cooperative Housing Society and Members — No Agreement of Sale Established, Suit Barred by Limitation. The court held that the plaintiff failed to prove any valid agreement for sale of flats, and the suit was time-barred under Article 54 of the Limitation Act, 1963.

10 Nov 2014

The plaintiff, Vardhaman Developers Limited, filed a suit for specific performance of an alleged oral agreement for sale of flats in a cooperative hou...

High Court

Bombay High Court Grants Injunction in Favour of Plaintiff Sister in Property Dispute Against Brother — Declaration of Ownership and Appointment of Court Receiver Ordered. Plaintiff established prima facie ownership based on MHADA allotment and payment of consideration, leading to interim protection pending suit.

16 Apr 2012

The plaintiff, Shashikiran Ashok Parekh, filed a suit seeking declaration of ownership of a flat originally allotted to her by MHADA in 1974. She paid...

High Court

Bombay High Court Dismisses Petition Challenging Cooperative Court Orders in Property Dispute Between Member and Housing Society. Member's claim for plot allotment fails as cancellation by NIT and subsequent sale to third party upheld due to member's failure to construct within stipulated time.

23 Apr 2010

The petitioner, a member of the respondent Nagpur Cooperative Housing Society Ltd., was allotted plot No.122 by the Society, which had obtained 13 plo...

High Court

Bombay High Court Quashes Human Rights Commission Order Directing Allotment of Flat by MHADA. Commission lacks jurisdiction to adjudicate proprietary rights under the Protection of Human Rights Act, 1993.

17 Feb 2010

The petitioner, Maharashtra Housing and Area Development Authority (MHADA), a statutory authority for housing development in Maharashtra, challenged a...

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