Browsing Tag

Bombay High Court

120 posts
A 1968 typing mistake quietly transferred 9 aare of ancestral farmland from Kachru Bansod’s family to their neighbours, only on paper. For 57 years the Bansods continued cultivating it. On 21 November 2025, the Bombaybos HC quashed the injustice and restored the land, ruling that a clerical error can be corrected anytime when possession was never actually transferred.

57-Year Clerical Error That “Stole” a Family’s Land on Paper Finally Corrected

A 1968 typing mistake quietly transferred 9 aare of ancestral farmland from Kachru Bansod’s family to their neighbours, only on paper. For 57 years the Bansods continued cultivating it. On 21 November 2025, the Bombaybos HC quashed the injustice and restored the land, ruling that a clerical error can be corrected anytime when possession was never actually transferred.
In a landmark ruling on November 25, 2025, the Bombay High Court clarified that the contractual term 'built-up area wall to wall' equates to carpet area, dismissing a developer's challenge to an arbitral award in a Mumbai land development dispute. The decision highlights the need for precise language in real estate agreements to prevent ambiguities over usable space.

From ₹8,000 to ₹9,500: How a Rate Row Between Two Builders Delayed 80 Families for Two Years

“₹8,000 or ₹9,500 per sq.ft.? One builder’s greed over ₹1,500/sq.ft. kept 80 ready Pune flats locked for two years. Today the Bombay High Court said ENOUGH — quashed the stop-work notice and ordered immediate possession. When private fights hurt real home-buyers, the court steps in.”
The Bombay High Court has ruled that Vallabhnagar Co-operative Housing Society, Vile Parle, cannot deny membership to Andheri purchasers by demanding lease premium beyond the statutory ceiling fixed under Section 79A.

Bombay HC: Cooperative Societies Alone Have the Right to Decide Membership – Registrar Cannot Force Admission

Bombay High Court delivers big win for cooperative housing societies: “Only the society can decide who its members will be – Registrar has no power to force admission.” In a 30-year-old Peddar Road dispute, the Court quashed direct membership granted to heirs who never paid the original contribution.
The Bihar RERA has fined a developer ₹1 lakh for displaying "Coming Soon" posters and online ads for an unregistered project, holding that even minimal promotions violate Section 3 of the RERA Act and defeat buyer protection goals.

MahaRERA Appellate Tribunal Allows CCI Projects’ Delayed Appeal, Says Time Spent in Review Process Must Be Excluded

The MahaRERA Appellate Tribunal has condoned the delay by CCI Projects in appealing against an order awarding interest to homebuyers, holding that time spent on review and writ proceedings cannot be counted toward limitation.
In a key February 2026 decision, MahaREAT ruled that homebuyers withdrawing from delayed projects under RERA are entitled to interest from the promoter's receipt of payments—not from later default dates—overturning a MahaRERA order in the Mullaji vs. Onyx Builders case involving stalled projects in Kurla West, Mumbai.

MahaRERA Rejects Arbitration Clauses in Real Estate Disputes, Upholds Homebuyer Rights

MahaRERA’s November 2025 order, backed by a Bombay High Court ruling, invalidates arbitration clauses in RERA disputes, ensuring homebuyers can directly approach the authority for remedies in cases like the delayed Indiabulls Park 4 project.