Judgment Search Results Home > Cases Phrase: apartment ownership act 1972 section 21 insurance Page 1 of about 9,097 results (0.182 seconds)

National Insurance Co. Ltd. (Formerly Known as Calcutta Insurance, Mad ...

Court : Chennai

Reported in : [1983]54CompCas608(Mad)

..... the claim petitions, who came on record as the legal representative of the first respondent, contended that she sold the said car to niranjan roy for a valuable consideration on august 14, 1972, that she had informed about the transfer of ownership of the car to the insurance company on the same day, that the person who drove the vehicle at the time of the accident was not her employee and that, therefore, she is not vicariously ..... on the question the court took the view that as there was no statutory provision either under the motor vehicles act or under the insurance act, about the transferee's right under the motor insurance policy, the contract of insurance being a contract of personal indemnity, cannot be assigned when it is transferred, though there can be a novation of the contract by which the original assured is released and a new assured is accepted. ..... apart from the fact that the said section relates to the cancellation or suspension of the policy, and not to a case of automatic lapse of the policy on the transfer of the vehicle, having regard to the short interval between the date of the transfer and the date of the accident, there is no transfer possibility of the insurer intimating about the factum of lapse of the policy on the transfer to the registering authority. .....

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

Court : Kolkata

Reported in : (2005)3CALLT67(HC)

..... 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. ..... 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. ..... 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 ..... 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 petitioner cannot claim the benefit of apartment ownership act, 1972.13. ..... the common area under the apartment ownership act means the areas, which are necessary for exercise ..... 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. .....

Sugar Apartments Flat Owners Society (Regd.) and ors. Vs. Sequoia Cons ...

Court : Delhi

Reported in : 51(1993)DLT308; 1993(26)DRJ71; 1993RLR446

..... from this, it is urged that till the competent authority under the delhi apartment ownership act is appointed, the plaintiffs cannot avail of section 4 of the act. ..... what remains to be done is not any law making function, but only to execute the legislative will by determining the date and time of enforcement of the statute, lf: at all the delhi apartment ownership act was a conditional legislation because the date of its enforcement remained to be notified, the condition stands satisfied with the enforcement of the statute. ..... the plaintiffs submit that in view of rights conferred on the plaintiffs, by the delhi apartment ownership act,1986 regarding common space and facilities the plaintiffs are entitled to have their such rights preserved and protected. ..... plaintiffs' rights under the delhi apartment ownership act, (10) plaintiffs have heavily relied on the provisions of the delhi apartments ownership act (hereinafter referred to as the act). ..... the perpetual lease deed and the delhi apartment ownership act operate in different areas and for different purpose. ..... 1 regarding the amounts collected by the said defendant from the plaintiffs on account of ground rent/lease money and by way of claims of compensation from insurance company, non-utilisation of collection made on account of fire fighting installation etc. .....

Balaji Builders Private Ltd Vs. the Collector Collectorate Office Pudu ...

Court : Chennai

..... under the provisions of puducherry apartment ownership act, 1987, more particularly section 3(f) read with section 6 deals with the irrevocation right of apartment owners to exercise such acts which are necessary for maintenance, repair and replacement of any of the common areas and ..... under section 13(5), the sub-registrar or any other registrar shall register the declaration along with floor plans of the building and the deed of the apartments under the pondicherry apartment ownership act, and shall also enter particulars in the index kept under sub-section (3).10 ..... therefore, as declared under section 6(3) of the pondicherry apartment ownership act, common facility will have to remain ..... , learned senior counsel appearing for ms.pushpa sathyanaryana, learned counsel for the petitioner strenuously contended that in the guise of exercising supervisory power vested under the pondicherry apartment ownership act, neither the collector nor the authority can transfer the ownership retained by the petitioner and the order is without jurisdiction.9. ..... the impugned order, the authorities have been virtually acted like a civil court in transferring the ownership of the area to the association and the provisions of puducherry apartment ownership act do not provide for any such contingency. ..... will be in violations of the provisions of puducherry apartment ownership act, 1987. ..... is accepted by both parties that the association comes within the purview of pondicherry apartment ownership act, 1987. .....

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. ..... the bda act is a later act and therefore, the petitioners could successfully urge that even though the karnataka apartments ownership act had regularised the ownership of multi storied apartments under that act, it does not permit the exploitation of sites whose allotments are regulated by citb/bda act and the rules made thereunder by the construction of multistoreyed buildings in those sites.35. ..... passed to provide for the regulation of planned growth of land use and development and for the making and execution of town planning scheme in the state of karnataka.under section 2(7) of the planning act, 'the planning authority' means - (a) in the case of -'(i) the local planning area comprising the city of bangalore, the bangalore development authority, and(ii) any other local planning area in respect of which the state government may ..... life insurance corporation of india and another, : [1981]1scr498 on a consideration of the provisions of the public premises (eviction of unauthorised occupants) act and the delhi rent control act ruled that the public premises (eviction of unauthorised occupants) act overrides the provisions of the delhi rent control act since the former act operates only in a limited field where the later act has a broader application. .....

Cosmo Towers Owners' Association rep. by Its Secretary M. Prasada Rao ...

Court : Chennai

Reported in : (2009)5MLJ491

..... from the above referred sections, particularly sections 23 and 25 of the act, it is beyond doubt that the tamil nadu apartment ownership act, 1994, is binding on the petitioner and all flat owners. ..... 2522/2003 and as such, she is having undivided interest in the common areas and facilities provided to the apartment in the building as per section 6 of the tamil nadu apartment ownership act, 1994. ..... the object of enacting the tamil nadu apartment ownership act, rules and model by-law for the formation and maintenance of apartments is to promote harmony among the owners of apartments and share the common facilities without any hindrance to others. ..... the rights and liabilities of flat owners in an apartment is governed under the tamil nadu apartment ownership act, 1994 (in short ' the act') which came into force on and from 7.4.1997. ..... 2522/2003, dated 3.11.2003 is entitled to enjoy the facilities of common area provided to the apartment and the petitioner association is bound to admit the fourth respondent as a member of the association and denial of admission as a member of the petitioner association is in violation of the tamil nadu apartment ownership act, 1994, rules and the by-laws. ..... section 5 of the act deals with the ownership of apartments, which states that each apartment owner shall be entitled to the exclusive ownership and possession of his apartment in accordance with the deed of apartment executed and registered in accordance with the provisions of the act. 20. .....

Guru Ram Das Bhawan and ors. Vs. Doon Apartments Pvt. Ltd.

Court : Delhi

Reported in : 160(2009)DLT148

..... as may be permitted, over the building; the buyer agreed and bound itself to pay to the defendant or to the proposed limited company or body corporate or cooperative society his proportionate share of all taxes, ground rent, insurance premium, water charges, salaries of persons appointed by the defendant or by such body corporate/cooperative society for the purposes of preservation and maintenance of the property and for the provision of common services in the property; that ..... section 4 of the apartment act provides that every person to whom any apartment is allotted, sold or otherwise transferred by the promoter shall be entitled to the exclusive ownership and possession of the apartment so allotted, sold or otherwise transferred to ..... the association of occupants having no right to the amounts collected by way of security deposit, insurance monies or the sanctioned plans of the building and the right thereto being of an association of apartment owners only the plaintiffs are not found entitled to that relief.19. ..... is further pleaded that the defendant in spite of being called upon to do so had failed to hand over the amounts collected by way of security deposit and in sinking fund and by way of insurance and was required to hand over the same together with the sanctioned building plans and other documents of the property to the plaintiff no. ..... para 9 deals with the amount collected towards insurance and para 10 deals with the sanctioned plans and other documents pertaining to the .....

Estate Manager, Estate Directorate Ex-officio, Deputy Secretary, Housi ...

Court : Kolkata

Reported in : (1997)2CALLT151(HC)

..... clause (a) of the explanation appended thereto defines the word 'apartment' for the purpose of section 3 and 3a thereof which shall have the same meaning as in the west bengal apartment ownership act, 1972. ..... as indicated hereinbefore, the word 'apartment' will have the same meaning as assigned in the west bengal apartment ownership act, 1972 and thus the acquisition of an apartment will have to be considered in the light of the provisions of the said act, furthermore, the word, 'otherwise' has also a significant role to play.41. ..... the west bengal apartment ownership act, 1972 had been enacted to provide for an ownership of an individual apartment and make such apartment inheritable and transferable property. ..... apartment has been defined in section 3a of the west bengal apartment ownership act. ..... section 4 sub-section (1) of the said act provides that each apartment owner shall be entitled to the exclusive ownership and possession of his apartment. ..... in the instant case clause l(a) of sub-section (2) of section 3 of the said act clearly shows that it is not building of the house alone which would come within the mischief of the said provision, but acquisition of a house or apartment either by purchase, inheritance, lease, exchange or otherwise would also bring within its purview of mischief of the properties. .....

Nahalchand Laloochand Pvt. Ltd.Vs. Panchali Co-operative Housing Socie ...

Court : Supreme Court of India

..... ) rules, 1964 as `1964 rules', development control regulations for greater bombay, 1991 as `dcr', maharashtra apartment ownership act, 1970 as `maoa', the maharashtra regional and town planning act, 1966 as `mrtp act' and transfer of property act as `t.p. ..... title and convey to the organization of persons, who take flats, which is registered either as a co-operative society or as a company as aforesaid, or to an association of flat takers or apartment owners his right, title and interest in the land and building, and execute all relevant documents therefore in accordance with the agreement executed under section 4 and if no period for the execution of the conveyance is agreed upon, he shall execute the conveyance within the prescribed period and also ..... in view of the contentions outlined above, the questions that arise for consideration are : (i) whether stand alone `garage' or in other words `garage' as an independent unit by itself is a `flat' within the meaning of section 2(a-1) of mofa; (ii) whether stilt parking space/open parking space of a building regulated by mofa is a `garage'; (iii) if the answer to aforesaid questions is in the negative, whether stilt parking space/open parking space in such building is part of `common ..... i think the ordinary man, as counsel for the insurers suggested, who took a house with a garage, if he came and found merely an open shed without any roof, would think he had been swindled, however high the walls might be. ..... 3 air 1972 bombay 34330. .....

D.C.M. Ltd. Vs. R.K. Towers (India) Pvt. Ltd.

Court : Delhi

Reported in : 2008(3)ARBLR507(Delhi)

..... the agreement dated 13.01.1978 agreeing inter alia to formation of a holding organisation for maintenance of common areas and amenities in the building, the legislature enacted the delhi apartment ownership act, 1986.11. ..... under section 4 of the said act every person to whom any apartment is allotted, sold or otherwise transferred shall be entitled to the exclusive ownership and possession of the apartment so allotted and such person also becomes entitled to an undivided interest in ..... to provide for the ownership of an individual apartment in a multistoried building and of an undivided interest in the common areas and facilities appurtenant to such apartment and to make such apartment and interest heritable and transferable ..... no rights with respect to the unauthorized construction/misuse in portions of the property/apartment which under the apartment act have vested in the persons to whom the apartments have been sold can be adjudicated in the absence of the said persons and it would again be ..... the petitioner for formation of holding organisation in terms of agreement with the respondent is against the apartment act and thus no purpose will be served in directing the parties to arbitration for the said claim ..... section 15 provides for the management of common areas and facilities to vest in the association of apartment owners and section 24 makes the act binding on apartment ..... a multistoried commercial building fall within the definition of apartment as in section 3(c) of the said act. .....