Search Results for "MOFA Act"

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Search Results for "MOFA Act"

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High Court

High Court Dismisses Writ Petitions by Petitioners Challenging Competent Authority's Orders Under Maharashtra Cooperative Societies Act, 1960 -- Petitioners Fail to Establish Jurisdictional Error or Violation of Natural Justice

24 Feb 2026

The judgment involves four connected writ petitions filed before the High Court of Judicature at Bombay challenging orders passed by the Competent Aut...

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 Quashes Deemed Conveyance Order in MOFA Case Due to Binding Consent Decrees — Competent Authority Cannot Override Civil Court Decrees. Consent Decree Operates as Res Judicata and Estoppel Between Parties Under Section 11 of Maharashtra Ownership Flats Act, 1963.

13 Jun 2024

The Petitioner, owner of a larger property, had constructed a building and sold flats to purchasers who formed Respondent No. 2 Society. The Petitione...

High Court

Bombay High Court Allows Petition for Unilateral Deemed Conveyance Under MOFA Act — Failure of Promoter to Execute Conveyance Within Agreed Time Entities Society to Seek Deemed Conveyance Under Section 11 of Maharashtra Ownership Flats Act, 1963.

9 Feb 2024

The petitioner, Jai Jalaram Co-operative Housing Society Ltd., is a cooperative housing society registered under the Maharashtra Cooperative Societies...

High Court

Bombay High Court Dismisses Writ Petition Challenging Impleadment of Proposed Defendants in Suit Under MOFA. Court holds that impleadment of persons claiming title to the property is necessary for effective adjudication of the suit under Section 11 of the Maharashtra Ownership of Flats Act, 1963.

28 Aug 2019

The case involves a writ petition filed by Mahendra Jayantilal Vora and two others (petitioners) challenging an order of the trial court allowing thei...

High Court

Bombay High Court Dismisses Revision Petition Challenging Valuation Order in Suit for Declaration of Ownership and Possession. Suit for declaration of exclusive ownership and possession of flat must be valued on market value under Section 6(iv)(d) of Bombay Court Fees Act, not under Section 6(4)(j) for specific performance.

9 Jan 2018

The petitioner, Kiran Suresh Bhagiya, filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging an order ...

High Court

Bombay High Court Dismisses Appeal in MOFA Conveyance Dispute — Cooperative Housing Society Fails to Establish Entitlement to Deed of Conveyance Against Church Trust. Court holds that under Section 11 of the Maharashtra Ownership of Flats Act, 1963, the obligation to execute a conveyance arises only if the promoter has developed the land and the society has paid the full consideration, which was not proved.

18 Jul 2016

The appellant, Our Lady of Vailankanni and Perpetual Succour Cooperative Housing Society Ltd., filed a suit (SC Suit No.875 of 2011) in the City Civil...

High Court

Bombay High Court Allows Impleadment of Subsequent Purchaser in Suit for Specific Performance and Injunction — Applicant Claiming Title Through Subsequent Agreement Must Be Heard Before Final Orders.

19 Nov 2013

The judgment arises from a chamber summons filed by Mugwort Land Holdings Pvt. Ltd. seeking impleadment as a party defendant in Suit No. 2823 of 2006,...

High Court

Bombay High Court Dismisses Cooperative Society's Appeal Against Developer in Property Dispute — Interim Relief Denied Due to Lack of Prima Facie Case and Balance of Convenience. The court held that the society failed to establish a concluded contract as the development agreement was not signed by the developer, and the society had not paid full consideration, making damages an adequate remedy.

17 Dec 2011

The appellant, Rachanaa Co-Operative Housing Society Ltd., filed a suit for specific performance of a development agreement against the respondent dev...

High Court

Bombay High Court Dismisses Petition Challenging Cooperative Society Election Process — Upholds Registrar's Powers Under MCS Act. The Court held that the Registrar has exclusive jurisdiction to decide disputes relating to election of committee members under Section 152A of the Maharashtra Cooperative Societies Act, 1960, and civil courts are barred from entertaining such matters.

30 Nov -0001

The petitioner, Rasheesh Cooperative Housing Society Limited, a society registered under the Maharashtra Cooperative Societies Act, 1960, filed a writ...

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