Posts

Terrace Leakage and Repair Rights: Affirming the Society’s Responsibility to Members

  Sunil Mahadev Dali v. Hirji Baug Co-operative Housing Society Ltd. Co-operative Court No. III, Mumbai; Dispute No. CC/III/230/2021   Introduction Whether a co-operative housing society is liable for damage caused by leakage from its terrace has repeatedly arisen before courts in Maharashtra. The issue becomes particularly contentious where the leakage originates from a common terrace but the consequential damage occurs inside a member’s flat. Societies frequently contend that repairs inside the flat constitute “internal repairs” and are therefore the responsibility of the individual member. The judgment dated 10 August 2026 of the Co-operative Court No. III, Mumbai in Sunil Mahadeo Dali v. Hirji Baug Co-operative Housing Society Ltd. , Dispute No. CC/III/230/2021, provides a useful application of the bye-law framework to this recurring problem. The Court held that where damage inside a top-floor flat is established to have resulted from seepage ...
Post a Comment
Read more

A sale certificate issued pursuant to a public auction under the IBC is not compulsorily registrable under Section 17(1) of the Registration Act - Bombay HC

  Rajaram Food Products India Limited v. Joint District Registrar (Class-1) and Collector of Stamps, Nashik & Ors. 2026 SCC OnLine Bom 5936 | Writ Petition No. 3018 of 2026 | Decided on 14 July 2026 Coram: Manish Pitale and Shreeram V. Shirsat, JJ. Introduction The Bombay High Court, in Rajaram Food Products India Limited v. Joint District Registrar (Class-1) and Collector of Stamps, Nashik & Ors. , has reaffirmed an important proposition concerning the stamp-duty and registration consequences of sale certificates issued pursuant to auction sales conducted during liquidation proceedings under the Insolvency and Bankruptcy Code, 2016 (“IBC”). The Court held that a sale certificate issued by a liquidator following a public auction under the IBC is not compulsorily registrable , and that where the certificate is merely forwarded to the registering authority for being filed in Book No. 1 under Section 89(4) of the Registration Act, 1908 , no stamp duty or r...
1 comment
Read more

Can a Senior Citizen Evict His Son? Supreme Court Reaffirms Tribunal’s Power under the Senior Citizens Act

  Ravi Kant Gupta v. State of Uttar Pradesh & Ors. Supreme Court of India | 4 August 2026 Introduction Can a parent seek eviction of a son from his property before the Tribunal constituted under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 ? The Supreme Court has answered the question in the affirmative—subject to an important qualification. In Ravi Kant Gupta v. State of Uttar Pradesh & Ors. , decided on 4 August 2026, a Bench comprising Justice P.S. Narasimha and Justice Alok Aradhe held that the Tribunal under the 2007 Act possesses the incidental and ancillary power to order eviction where such eviction is necessary to ensure the maintenance or protection of a senior citizen . The decision is significant because the Act does not expressly use the word “eviction” while defining the powers of the Tribunal. The Supreme Court nevertheless held that the power to order eviction may flow from the Tribunal’s statutory jurisdiction where it...
Post a Comment
Read more