Common Law

Recently, I had the occasion to deal with a Redevelopment of the Building of a Co-operative Housing Society; and therefore, I am pleased to share the process involved in Redevelopment. Maharashtra Govt, by way of a Circular, have prescribed a procedure to be followed whilst Housing Societies sought to redevelop their Building. As per the directive under Section 79(A) of Maharashtra Co-operative Societies Act, 1960, to all the Co-operative Housing Societies in the State of Maharashtra. Regarding Redevelopment of Buildings of Co-operative Housing Societies. GOVERNMENT OF MAHARASHTRA No. CHS 2007/CR554/14-C Date: 3rd January 2009 Whereas, buildings of Co-operative Housing Societies in the State of Maharashtra are being redeveloped on a large scale. A number of complaints were received from members against managements of Co-operative Societies in which redevelopment is taking place. In respect of most of the Co-operative Housing societies, nature of co...

How a “Fact” is Proved Facts occupy center position in any Litigation. Every litigation presupposes the accrual of “cause of action”, that is to say, reasons for initiating legal action in the Court of law. Accrual of cause of action presupposes infringement of some statutory right / fundamental right / equitable right / contractual right / common law right or any other right recognized under the statutes or customs. In order to commence a legal action, the person must have some real grievance against any person, i.e. he must claim that his rights, whether under the law, or under the contract, or under equity, or under the common law or customs, is infringed; or must say that law has been breached to his prejudice. Broadly speaking, Cause of action has two dimensions, one, the accrual of cause of action, i.e. that moment of time when the rights of the Person is infringed and such infringement of right entitles him to move the Court of law, although he may choose no...