Search Results for "competent authority jurisdiction"

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Search Results for "competent authority jurisdiction"

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High Court

Bombay High Court Considers Challenge to Deemed Conveyance Order Passed Under Section 11 of MOFA in Redevelopment Dispute. Petition Raises Questions on Promoter Definition and Competent Authority's Jurisdiction to Adjudicate Title Rights Where Agreement Retains Land Ownership with Landlord.

3 Jul 2023

By this writ petition, the petitioner challenged an order and certificate of deemed conveyance both dated 17 October 2019 passed by the District Deput...

High Court

Bombay High Court Allows Petition Challenging Rent Authority Order in Redevelopment Dispute — Failure to Consider Tenant's Objections and Violation of Natural Justice. The Court set aside the Competent Authority's order under Section 25(2) of the Maharashtra Rent Control Act, 1999, as the tenant was not heard and the order was passed without jurisdiction.

3 Sep 2025

The petitioner, a tenant in a building owned by respondent No.3, challenged an order dated 30 July 2024 passed by the Competent Authority (Rent Act) u...

Supreme Court

Supreme Court Allows Appeals of Secured Creditors in SARFAESI Act Case — Holds Chief Judicial Magistrate Competent Under Section 14. The Court resolved the conflict among High Courts by interpreting that the CJM can exercise powers under Section 14 of the SARFAESI Act, 2002, for taking possession of secured assets in non-metropolitan areas.

23 Sep 2019

The Supreme Court resolved a conflict among High Courts regarding the interpretation of Section 14 of the Securitisation and Reconstruction of Financi...

High Court

Bombay High Court Allows Writ Petitions Challenging Competent Authority's Orders Under MOFA, 1963 — Orders Quashed for Lack of Jurisdiction and Violation of Natural Justice. The Competent Authority under Section 5A of MOFA, 1963 cannot adjudicate title or possession of land, and must follow principles of natural justice.

18 Apr 2024

The judgment involves two writ petitions: Writ Petition No. 180 of 2018 filed by Marathon Era Co-operative Housing Society Ltd and Writ Petition No. 2...

High Court

Bombay High Court Dismisses Petitions Challenging Modification of Deemed Conveyance Certificate by Competent Authority Under MOFA. Functus Officio Doctrine Not Applicable to Corrective Orders; Competent Authority Can Modify Certificate to Specify Proportionate Share in Recreational Ground and Exact Survey Numbers.

15 Jul 2026

The judgment concerns two writ petitions filed by Shree Rasraj Heights Co-operative Housing Society Ltd. (Petitioner in WP-6008/2026) and M/s. Brij Bu...

High Court

Bombay High Court Holds Caste Certificate Must Be from Native Place Authority in Scheduled Tribe Claim Case. Full Bench Answers Reference Affirmatively, Overruling Niraj More's View on Jurisdictional Validity of Caste Certificates.

5 Jul 2019

The case arose from a reference made by a Division Bench in Rajendra Thakur v. State of Maharashtra, which disagreed with the earlier Division Bench d...

High Court

Bombay High Court Dismisses Writ Petitions Challenging Cooperative Society's Bye-Law Amendment and Registration of Transfer of Shares. Held that the Competent Authority under the Maharashtra Cooperative Societies Act, 1960 has jurisdiction to decide disputes regarding membership and transfer of shares, and that the society's bye-law amendment requiring prior approval for transfer of shares is valid.

30 Nov -0001

The judgment pertains to two writ petitions filed in the Bombay High Court. The first petition (Writ Petition No. 9116 of 2013) was filed by Farhat Co...

High Court

Bombay High Court Upholds Deemed Conveyance Under MOFA Despite Pending Civil Suit — Statutory Right to Conveyance Independent of Contractual Disputes. The Competent Authority's grant of deemed conveyance under Section 11 of the Maharashtra Ownership Flats Act, 1963 was upheld as the statutory right operates independently of a pending civil suit for specific performance and damages.

7 Feb 2025

The petitioner, Swastik Promoters and Developers, challenged an order dated 26th July 2021 passed by the Competent Authority (District Deputy Registra...

High Court

Bombay High Court Allows Petition of Licensor in Eviction Dispute Under Maharashtra Rent Control Act — License Held for Residential Purpose. The court restored the eviction order of the Competent Authority, holding that the license was for residential purpose and the Competent Authority had jurisdiction under Section 24 of the Maharashtra Rent Control Act, 1999.

12 Nov 2024

The Petitioner, Deepak S. Kavadiya, is the owner of Flat No. A/1102, Juhu Griha Swapna CHSL, JVPD, Juhu, Vile Parle West, Mumbai-400056. Respondent No...

High Court

Bombay High Court Allows Challenge to Unilateral Deemed Conveyance Certificate Under MOFA Section 11 — Competent Authority Cannot Incorporate Third-Party Rights Created by Documents Other Than Section 4 Agreement. Court Directs Removal of Such References from Certificate While Relegating Parties to Civil Suit.

8 Mar 2024

The Petitioner, Riddhi Gardens Building No. A1, A2 Co-operative Housing Society Limited, challenged a certificate of unilateral deemed conveyance issu...

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