Search Results for "Developer Termination"

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Search Results for "Developer Termination"

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High Court

Bombay High Court Dismisses Monsanto's Petition on Seed Supply as Sale, Allows Subway's Petition on Franchise as Service. Court Holds That Impregnated Seed Supply is Sale of Goods Under Maharashtra Value Added Tax Act, 2002, While Franchise Agreement is Not a Deemed Sale of Intellectual Property Rights.

11 Aug 2016

The Bombay High Court adjudicated two writ petitions tagged together, raising the common issue of whether certain transactions were liable to service ...

High Court

High Court of Bombay Disposes of Notice of Motion in Flat Allotment Dispute — Consideration of Interim Relief for Appointment of Receiver and Injunction Sought by Original Allottee’s Transferee. The court examines validity of termination of allotment by builder where original allottee alleged fraud in transfer, and subsequent sales to third parties.

4 Jun 2014

The present dispute arose out of a flat in the Oberoi Splendor project at Andheri, Mumbai. The plaintiff, a practising advocate, filed a suit seeking ...

Supreme Court

Supreme Court Upholds Refund to Flat Purchaser for Inordinate Delay in Possession — Builder's Unfair Contract Terms Not Binding. Builder's failure to apply for occupancy certificate within stipulated time constitutes deficiency of service; one-sided clauses in Apartment Buyer's Agreement are unfair and not binding under Consumer Protection Act, 1986.

2 Apr 2019

The Supreme Court dismissed appeals filed by Pioneer Urban Land & Infrastructure Ltd. against orders of the National Consumer Disputes Redressal Commi...

High Court

Bombay High Court Partly Sets Aside Arbitral Award in Development Agreement Dispute Between Cooperative Housing Society and Developer. Court Upholds Award on Termination of Agreement and Refund of Deposit but Sets Aside Directions for Possession and Appointment of Receiver.

7 Jan 2020

The judgment arises from two arbitration petitions and a notice of motion filed under Section 34 of the Arbitration and Conciliation Act, 1996, challe...

High Court

Bombay High Court Dismisses Notice of Motion in Suit for Specific Performance — Plaintiffs Fail to Establish Prima Facie Case for Injunction Against Developer. Agreement for Sale Not Concluded as Essential Terms Remained Unsettled, No Enforceable Contract Under Specific Relief Act, 1963.

24 Dec 2025

The plaintiffs, a group of 52 individuals, filed a suit for specific performance of an alleged agreement for sale of flats in a building to be constru...

High Court

Bombay High Court Dismisses Developer's Challenge to Stamp Duty Demand on Development Agreements — Agreements Held to be Conveyance Under Bombay Stamp Act. The Court ruled that development agreements granting authority to sell flats at developer's discretion and coupled with possession transfer constitute conveyance under Sections 2(g), 2(l) read with Explanation-I of Article 25 of the Bombay Stamp Act, 1958.

5 Aug 2026

The petitioner, a developer partnership firm, entered into two development agreements dated 20.08.1987 and 27.03.1987 with a co-operative housing soci...

High Court

Bombay High Court Upholds Specific Performance of Development Agreement in Favor of Purchasers. Agreement for Development Treated as Agreement for Sale Under Specific Relief Act, 1963 as Essential Terms Constitute Sale of Immovable Property.

18 Jul 2012

The appellants, original defendants, were the owners of a property in Pune. They executed a development agreement dated 18th October 2007 in favor of ...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Application to Recall Order in Execution Proceedings. Judgment Debtor's Application Under Section 151 CPC for Recalling Order Dated 10.07.2024 Was Rightly Dismissed as Not Maintainable.

8 Jul 2025

The petitioner, M/s Pushpam Realty, a partnership firm, is the judgment debtor in Execution No.1075/2020 pending before the III Additional City Civil ...

High Court

Bombay High Court Allows Writ Petition Challenging AGRC Order — Restores Termination of Developer for Non-Compliance with Mandatory Consents and No-Objection Certificate. Failure to Obtain Consent of 70% Municipal Tenants and Annexure-II from MCGM Justifies Termination Under Section 13(2) of Maharashtra Slums Areas Act, 1971.

10 Jun 2024

The Bombay High Court allowed a writ petition challenging the order of the Apex Grievance Redressal Committee (AGRC) which had set aside the terminati...

High Court

Bombay High Court Allows Deemed Conveyance Under MOFA Despite Pending CIRP Under IBC — Section 14 IBC Does Not Bar Competent Authority from Exercising Jurisdiction Under Section 11(3) MOFA. The Court held that the statutory right of flat purchasers to obtain deemed conveyance under MOFA cannot be defeated by the pendency of insolvency proceedings against the promoter.

22 Jun 2026

The petitioner, Darshan Mandir Co-operative Housing Society Limited, is a cooperative housing society formed by purchasers of flats in a building cons...

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