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Basana Dutta and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : (2005)3CALLT67(HC)

..... as regard applicability of the provision of west bengal apartment ownership act, 1972, the basic fact needs to be looked into whether any application on behalf of the flat owners were made before the appropriate authority under section 10 of the apartment ownership act, 1972 and rules framed there under. ..... 2 has held that provisions of the west bengal apartments ownership act, 1972 is not applicable as there was no compliance under the provision of section 2nand proviso thereof read with section 10. ..... 2 herein raising several points namely applicability of west bengal building, promotion, construction and transfer by promoters act, 1993 as well as west bengal apartment ownership act, 1972. ..... the agreement between the writ petitioners and, the land owners and the developer followed by conveyance unmistakably show adoption of the provisions of the west bengal apartment ownership act, 1972, so the spaces for car parking as mentioned in the said act must be retained as it was done in the original plan, no change could be made without concurrence and consent in writing by the flat owners and there was no such consent by the flat owners or the original owners of the land. ..... as such the petitioner cannot claim the benefit of apartment ownership act, 1972.13. ..... he further contends that by virtue of the covenant mentioned in the registered conveyance the provisions of the west bengal ownership apartment act, 1972 as regard common areas and facilities is applicable. .....

K. Chandrashekar Hegde Vs. Bangalore City Corporation

Court : Karnataka

Reported in : ILR1988KAR356

..... an additional fact which has to be noticed against the building of multi storied apartments is the provision of the karnataka apartment ownership act, 1972 and the rules made thereunder. ..... of applicants are:(1) the board shall consider the case of such applicant on its merits and shall have regard to the following principles in making selection and fixing the priority for allotment:(i) applicants whose lands or house have been acquired by the board provided they are otherwise qualified for allotment;(ii) the status of the applicant, that is, whether he is married or single and has dependent children;(iii) the income of the applicant and his capacity to purchase a site and build a house thereon for his residence;(iv) the number of years the applicant ..... section 81b of the planning act reads as:-consequences to ensue upon the constitution of the bangalore development authority - notwithstanding anything contained in this act, with effect from the date on which the bangalore development authority is constituted under the bangalore development authority act, 1976 the following consequences shall ensue -(i) the bangalore development authority shall be the local planning authority for the local planning area comprising the city of bangalore with jurisdiction over the area which the city planning authority for the city of bangalore had jurisdiction immediately before .....

Harbanslal Malhotra and Sons Pvt. Ltd. Vs. Kolkata Municipal Corpn..

Court : Supreme Court of India

..... act xxxviii of 1973), shall be assessed separately: each apartment and its percentage of the undivided interest in the common areas and the facilities in a building within the meaning of the west bengal apartment ownership act, 1972 (west ben. ..... 10 (4) if the ownership of any land or building or a portion thereof is sub-divided into separate shares or if more than one land or building or portions thereof by amalgamation come under one ownership, the municipal commissioner may on an application from the owners or co-owners, separate or amalgamate, as the case may be, such lands or buildings or portions thereof so as to ensure conformity with the provisions of this section. ..... .19) however, the three provisos appended to clause(i) of section 178 (2) also relates to building and the land but with different class of cases due to building's peculiar structure, its ownership and the manner in which such building or land is used by the owner.20) if the factors set out in any of the three provisos were found present in any building or land, the assessment of such building and land has to be done as per the procedure prescribed in the provisos read with section 174(1) of the act.21) now coming to the later category of the cases, i.e. .....

M/S.Sumer Associates and Another Vs. Margaret Almeida and Others

Court : Mumbai

..... it is further submitted that this process, apart from not causing any loss to the tenant-members like plaintiffs or to other tenants, will, in fact, confer much higher rights of ownership on the tenants and, therefore, the resolution is for the benefit of the tenant-members and there is no loss or prejudice to the tenant-members, who otherwise also have no proprietary interest in the property as already held by this court as far back in the year 1972 in the misc. ..... (ii) as regards bifurcation of the society under section 18 of the act, it is submitted by the appellants that the bifurcation issue has already been closed by the association of the tenant-members having decided to withdraw the application for bifurcation and the government having closed the proceeding. ..... some time in the year 1979, some tenant-members of the society made an application dated 3 june 1979 to the deputy registrar of co-operative societies for bifurcation of the society under section 18 of the maharashtra co-operative societies act, 1961 (hereinafter referred to as the act). ..... once 69 tenant-members as well as 131 allottees will be given tenements to be constructed under the development agreement, they will have to become members of the co-operative society to be formed by the developer under section 10 of the maharashtra ownership of flats (regulation of the promotion, construction, sale, management and transfer) act, 1963 (hereinafter referred to as mofa) and rule 10 of the rules framed thereunder. .....

M/S.Sumer Associates and Another Vs. Margaret Almeida and Others

Court : Mumbai

..... it is further submitted that this process, apart from not causing any loss to the tenant-members like plaintiffs or to other tenants, will, in fact, confer much higher rights of ownership on the tenants and, therefore, the resolution is for the benefit of the tenant-members and there is no loss or prejudice to the tenant-members, who otherwise also have no proprietary interest in the property as already held by this court as far back in the year 1972 in the misc. ..... (ii) as regards bifurcation of the society under section 18 of the act, it is submitted by the appellants that the bifurcation issue has already been closed by the association of the tenant-members having decided to withdraw the application for bifurcation and the government having closed the proceeding. ..... some time in the year 1979, some tenant-members of the society made an application dated 3 june 1979 to the deputy registrar of co-operative societies for bifurcation of the society under section 18 of the maharashtra co-operative societies act, 1961 (hereinafter referred to as the act ). ..... once 69 tenant-members as well as 131 allottees will be given tenements to be constructed under the development agreement, they will have to become members of the co-operative society to be formed by the developer under section 10 of the maharashtra ownership of flats (regulation of the promotion, construction, sale, management and transfer) act, 1963 (hereinafter referred to as mofa ) and rule 10 of the rules framed thereunder. .....

Dattaprasad Co-operative Housing Society Limited and ors. Vs. State of ...

Court : Karnataka

Reported in : ILR2004KAR1892; 2004(3)KarLJ310

..... -- (a) 'premises'means and includes undivided interest in the land, building andproportionate share in the common areas;(b) 'unit' includes flat, apartment, tenement, block or any other unitby whatever name called, constructed or under construction in accordance withthe sanctioned plan by the authority competent to sanction a building planunder any law for the time being in force;(c) 'promoter' means a promoter as defined in clause(c) of section 2of the karnataka ownership flats (regulation of the promotion ofconstruction, sale, management and transfer) act, 1972 (karnataka act 16 of 1973). 19. ..... there was certain procedural irregularities in inserting the proviso to section 38 by way of amendment by the state as it has circumvented the legislative procedure and the state legislature has targeted only the housing co-operative societies in the state which amounts to hostile discrimination and further stated that the amendment to section 38 introduced a new classification of co-operative societies by excluding the petitioners-societies from the exemption granted earlier under the unamended provisions of section 38 of the act with regard to application of the provision of the registration act and stamp act and rules, which action of state legislature .....

Mittal Investment Corporation Vs. Additional Commissioner of Commercia ...

Court : Karnataka

Reported in : [2001]121STC14(Kar)

..... the firm authorised the appellant to construct flats at their own costs and expenses for sale to the prospective buyers.as observed above, the provisions of ownership flats act, 1972 are not applicable to the commercial building and in respect of the residential flats for which the agreements are entered into before starting the construction of the building, it is submitted that the consideration for the transfer of land was already paid under the agreement and thus the appellant could be considered to be the owner even without execution of the registered sale deed. ..... this observation of the additional commissioner was after examining the nature of the contract entered into by the appellant with the prospective purchaser of the building and making the provisions of ownership flats act, 1972 applicable.4. ..... 'building owned by the assessee', --the expression as occurring in section 32(1) of the income-tax act, means the person who having acquired possession over the building in his own right uses the same for the purposes of the business or profession though a legal title has not been conveyed to him consistently with the requirements of law such as the transfer of property act and the registration act, etc. ..... it is submitted that in the letter dated may 24, 1989 the commissioner has clarified that the sale of apartments/office/shops constructed by the assessee on the land owned by it is not liable to tax under the provisions of the k.s.t. .....

Yashwant Prabhakar Kamble Vs. Prasad Narhari Karanjkar and Others

Court : Mumbai

Reported in : 1998(1)ALLMR693; 1998(2)BomCR446; 1998(1)MhLj541

..... learned counsel for the petitioner contends as under :--- (a) that the courts below failed to consider that apart from the original applicants there were other co-owners who had not joined the proceedings and consequently the claim for bona fide requirement made by some of the co-owners only was not maintainable; (b) that at any rate rent controller had not considered the effect of the proviso to sub-section (2) of section 13 of the bombay rent control act. ..... in my view, apart from that, it is implicit in the judgment of the appellate court 'that the court has noted and/or considered the proviso to sub-section (2) of section 13 of the rent control act whilst considering the requirement of an architect's office including drawing table and the dimensions of the property that the court has rejected the case for part possession. 12. ..... sub-section (2) of section 13 of the rent act reads as under:- 'no decree for eviction shall be passed on the ground specified in clause (g) of sub-section (1) if the court is satisfied that, having regard to all the circumstances of the case including the question whether other reasonable accommodation is available for the landlord or the tenant, greater hardship would be caused by passing the decree than by refusing to pass it. ..... having considered the arguments in depth, we are of the view that there is no statutory obligation to frame a particular issue covering the provisions of the second part of sub-section (2) of section 13 of the rent act. .....

Narammal (Died) and anr. Vs. Kanthamani and ors.

Court : Chennai

Reported in : (1992)2MLJ539

..... from section 10(2) it is abundantly clear that immediately upon the death of the member the provident fund money becomes part of the asset of the nominee whereas under the insurance act after the death of the assured the money continues to be his asset; and the money which was standing to the credit of the member becomes free even from the debt of liability incurred by the nominee before the death of the member. ..... usha devi : [1984]1scr992 , would be equally applicable under the provident fund act but we regret our inability to agree with the views so expressed for reasons as follows: headings or titles prefixed to a section cannot restrict the meaning of the section itself if its language is clear and as our discussion will presently show, the language of para 70 is manifest. ..... in one of the columns in the application which requires information regarding the present ownership of the property and the future right, the deceased has stated that the property at that time belonged to him, and in future to his wife. ..... 2,000 under a registered document dated 29.1.1972 and the deceased was the sole owner and the loan applied was for constructing a new house. ..... first of all, it is not clear whether there is any nomination apart from the above statement in the loan application. .....

Bijay Singh Surana and Others Vs. First Land Acquisition Collector for ...

Court : Kolkata

Reported in : AIR1990Cal246

..... . section 3(a) and (c) of the west bengal apartment ownership act 1972 defines these words in the following terms -'apartment' means part of a property having a direct exit to a road, street or highway or to a common area leading to such road, street or highway which together with its undivided interest in the common areas and facilitates forms an independent residential unit; 'building' means a building containing four or more apartments or more than one building each containing four or more apartments comprised in the same property.' 20 ..... the parties, the supreme court disposed of the review petition by the following order on 15th april 1985 :'since it has been brought to our' notice (which should have been done when the matter was heard) that the west bengal act 31 of 1944 is not applicable to the facts of the case, we direct that any reference to that act wherever it occurs shall be deleted and in particular, in para 2 of the order portion of our judgment we delete the words 'as substituted for the stale of west bengal by the west bengal act 32 of 1955'. the rest of ..... . state respondents) has submitted as follows :(a) section 49 has no application inasmuch as the area which is the subject matter of the impugned notification and impugned declaration is by itself a building ..... . the supreme court was of the view that the petitioner should first approach the high court and accordingly the application under art .....