Thoughts


By Adv. Lalit Kumar Jhunjhunwala on May 12, 2018

Builders hurriedly make declaration to submit the property to the provisions of the Maharashtra Apartment Ownership Act with the sole motive of defeating the application for formation of society made by the unit purchasers. This can not be...

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By Harshad Nanaware on Apr 21, 2017

Even affidavit executed before Notaries are acceptable in the Civil Court. [Writ Petition no. 5388/2008, Nagpur Bench, High Court of Judicature at Bombay]

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By Harshad Nanaware on Mar 21, 2017

Section 9A of CPC is mandatory in nature. Limitation is within the ambit of 9A and can be framed as a preliminary issue. Foreshore Cooperative Housing Society Limited vs Praveen D. Desai Judgement

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By Adv. Lalit Kumar Jhunjhunwala on Mar 9, 2017

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Society Formation - Deed of Declaration unilaterally executed by Builder after selling units to prospective purchasers can not be sustained under Maharashtra Ownership of Flats Act 1963 (MOFA) and therefore embargo of Section 10 (2) of MOFA dose not...

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By Adv. Lalit Kumar Jhunjhunwala on Feb 24, 2017

Hon'ble Supreme Court has held in the Promoters and Builders Association of Pune V/a The State of Maharashtra that the excavation of land for the purpose of construction is not subjected to attract rigours of Section 48(7) of Maharashtra Land Revenue...

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