Topic

Statutory Procedure

4 articlesLatest July 2026
MRTP Act Sections 49, 126, 127 | Long-Term Land Reservation Without Acquisition Violates Right to Property; Statutory Process Cannot Be Bypassed by Writ: Bombay HC
Case Law Analysis
|Bombay High Court

MRTP Act Sections 49, 126, 127 | Long-Term Land Reservation Without Acquisition Violates Right to Property; Statutory Process Cannot Be Bypassed by Writ: Bombay HC

The Bombay High Court ruled that indefinite reservation of private land under the MRTP Act, without initiating formal acquisition under Sections 49, 126, and 127, amounts to an unconstitutional deprivation of property rights. Authorities cannot rely on administrative delay or changed land use plans to avoid statutory acquisition - this decision binds all municipal bodies holding land in legal limbo for over four decades.

Maharashtra Cooperative Societies Act | Cooperative Societies Cannot Deny Membership Transfer Over Disputed Common Areas : Bombay HC
Case Law Analysis
|Bombay High Court

Maharashtra Cooperative Societies Act | Cooperative Societies Cannot Deny Membership Transfer Over Disputed Common Areas : Bombay HC

The Bombay High Court has ruled that cooperative housing societies must process membership transfers based solely on registered instruments and statutory eligibility, even when common areas are in dispute. This clarifies that title disagreements over shared spaces cannot be weaponized to block legal transfers, protecting buyers' rights under the Act and ensuring statutory compliance over arbitrary society discretion.

Statutory Service of Tax Notice Mandatory | Online Portal Notice Without Proof of Receipt Invalidates Demand: Madras HC
Case Law Analysis
|Madras High Court

Statutory Service of Tax Notice Mandatory | Online Portal Notice Without Proof of Receipt Invalidates Demand: Madras HC

Madras High Court rules that tax demands issued solely via online portal without proof of actual receipt are procedurally invalid, even if the assessee failed to intimate business closure. The court reduced the pre-deposit condition from 50% to 25% of the disputed tax and mandated fresh adjudication within two months, reinforcing strict compliance with statutory notice procedures.

Co-operative Societies Act | Founder Members' Rights Cannot Be Extinguished by Post-Hoc Resolutions : Bombay HC Upholds Statutory Confirmation Over Internal Amendments
Case Law Analysis
|Bombay High Court

Co-operative Societies Act | Founder Members' Rights Cannot Be Extinguished by Post-Hoc Resolutions : Bombay HC Upholds Statutory Confirmation Over Internal Amendments

Bombay High Court rules that once a co-operative society's founder member's rights are statutorily confirmed, they cannot be nullified by subsequent internal resolutions. The court awarded Rs. 22,000 plus 7% interest from 1988 to the petitioner, reinforcing that discriminatory flat allotment and denial of possession violate natural justice and membership rights under the Maharashtra Co-operative Societies Act.