Common Law

Section 11 of Maharashtra Ownership of Flats Act, 1963, (MOFA) r/w Rule 9 of MOFA Rules, 1964, obligates upon Developers to execute conveyance in favour of the Society within four months from the date on which the co-operative Society is duly constituted. The Conveyance to Housing Societies and other Societies, is a pressing issue in Mumbai; and rest of India may not be an exception. The Developers do not Convey land to in favour of Societies to retain control over the administration of the Building; and probably to claim further development rights over the said land, which may accrue in future. The Hon’ble Bombay High Court in the Case of Ratna Rupal CHS [2011 (5) BCR 561, also referred in 2015 (5) MhLJ 318, 2016 (5) MhLJ 102] have made some very interesting observations: Para 10: The Conveyance had to be executed within the specified period. The conveyance was not executed for a number of years. The Plaintiff (Society) must be taken to have had full title in the en...

The Summary Conduct of Commercial Arbitration Proceedings Rules, 2019 Chapter No. Particulars Page Number 1 Applicability of Rules 2 Commencement of Arbitration 3 Appointment of Arbitrators 4 Challenge to Jurisdiction of Arbitrator 5 Interim Reliefs 6 Pleadings 7 Failure to File Pleadings 8 Personal Hearings 9 Passing of Award 10 Arbitrator’s Fee 11 Powers of Arbitrator 12 Service and Notice of Arbitration proceedings 13 Protection of action to Arbitrator 14 Presumption of Waiver 15 Misc. Provisions 16 Draf...