Search Results for "dilapidated building"

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Search Results for "dilapidated building"

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Supreme Court

Supreme Court Dismisses Appeal in Cooperative Society Redevelopment Case on Jurisdiction and Limitation Grounds. Civil Court Maintainability Upheld Under Section 91 of Maharashtra Cooperative Societies Act, 1960, and Suit Found Within Limitation with Possible Section 14 Benefit.

25 Apr 2025

The dispute arose from a redevelopment project involving a Cooperative Society registered under the Maharashtra Cooperative Societies Act, 1960. The r...

High Court

Madras High Court Directs Consideration of Representation for Demolition of Dilapidated Building in Writ of Mandamus. Statutory Authority Must Consider Representation on Merits Within Three Months Under Article 226 of Constitution of India.

6 Jan 2025

The petitioner, Dr. M. Mohammed Ayub, filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of the Madras High...

Supreme Court

Supreme Court Dismisses Landlords' Appeal in Rent Control Eviction Case Due to Insufficient Evidence of Danger to Tenanted Portions. Eviction Decrees Set Aside as Municipal Demolition Notice and Other Grounds Under Sections 15 and 16 of Maharashtra Rent Control Act, 1999 Were Not Satisfactorily Proven.

30 Jan 2024

The dispute involved landlords appealing against a Bombay High Court judgment that invalidated eviction decrees against two tenants under the Maharash...

Supreme Court

Supreme Court Quashes High Court Order Allowing Tenant to Remove Wall in Dilapidated Building Under Mumbai Municipal Corporation Act, 1888. The High Court Erred in Exercising Writ Jurisdiction Under Article 226 of the Constitution to Adjudicate Disputed Technical Reports on Building Safety, Overriding Municipal Authority Decisions.

20 Jul 2021

The appeal arose from a judgment of the Bombay High Court dated 24.11.2020, which disposed of a writ petition filed by a tenant (Respondent No.1) agai...

High Court

Bombay High Court Allows Petition Challenging Enquiry Under Section 83 of Maharashtra Co-operative Societies Act, 1960 — Enquiry Initiated Without Prior Show Cause Notice Violates Principles of Natural Justice. The court held that the requirement of a show cause notice is implicit in Section 83 and failure to issue it renders the enquiry invalid.

28 Jun 2018

The petitioner, Kamgar Swa Sadan Co-operative Housing Society Ltd., filed a writ petition challenging an enquiry initiated under Section 83 of the Mah...

High Court

Bombay High Court Dismisses Municipal Corporation's Petition Challenging Quashing of Process in MMC Act Case — Failure to Prove Service of Notice and Non-Compliance Within Stipulated Period. The court held that the prosecution under Section 475A(1)(a) of the Mumbai Municipal Corporation Act, 1888, cannot be sustained without strict proof of service of notice under Section 354 and failure to comply within the prescribed period.

7 Mar 2016

The petitioner, Municipal Corporation of Greater Mumbai, filed a criminal writ petition challenging the order dated 16.5.2011 passed by the Additional...

High Court

Bombay High Court Dismisses Developer's Petition for Interim Relief Under Section 9 of Arbitration Act — Dispute Over Possession of Flats for Redevelopment Not Arbitrable as Members Not Bound by Development Agreement. The court held that interim relief under Section 9 of the Arbitration and Conciliation Act, 1996, cannot be granted against persons who are not parties to the arbitration agreement, and the members of the society were not bound by the arbitration clause in the development agreement.

8 May 2015

The petitioner, Shri Krishan Sai Development Corporation, filed an Arbitration Petition under Section 9 of the Arbitration and Conciliation Act, 1996,...

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 Developer's Suit for Specific Performance and Appointment of Court Receiver in Redevelopment Dispute — Development Agreement Not Binding on Society as It Was Not Duly Executed by Authorised Office Bearers. The court held that a development agreement executed without proper authorisation by the society's managing committee is void and not binding on the society or its members.

26 Aug 2013

The plaintiffs, M/s. Akash Pruthvi Lifestyle, a registered partnership firm engaged in development and redevelopment projects, filed a suit seeking a ...

High Court

Bombay High Court Dismisses Petition Challenging Redevelopment of Dilapidated Chawls — Upholds Enhanced Rehabilitation Area Under DCR 33(7) and DCR 33(9). The court held that occupants who had consented to redevelopment could not later resile, and the developer's offer of 300 sq. ft. plus 75 sq. ft. dry balcony was reasonable.

5 Dec 2012

The Bombay High Court dismissed a writ petition filed by seven residents acting for themselves and on behalf of 217 occupants of Haji Kasam Chawls, a ...

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