statutory right
flowing from Section 10 of the MCS Act and Section 10 of the
MOFA. Such a right, he urged, cannot be contractually diluted ... MOFA Act and
Rule 9 of the MOFA Rules. After societies are registered, they have
a full and independent right under Section 154B
Section 17 of the Act. Rule
9(2) also talks about the promoter's obligation to convey title
under Section 17 .
40. Second, Section ... conflict between MOFA and RERA. MOFA
continues to apply, especially for agreements signed before RERA
came into force. The language of Section 17 of RERA
Section 17 of the Act. Rule
9(2) also talks about the promoter's obligation to convey title
under Section 17 .
40. Second, Section ... conflict between MOFA and RERA. MOFA
continues to apply, especially for agreements signed before RERA
came into force. The language of Section 17 of RERA
Section 17 of the Act. Rule
9(2) also talks about the promoter's obligation to convey title
under Section 17 .
40. Second, Section ... conflict between MOFA and RERA. MOFA
continues to apply, especially for agreements signed before RERA
came into force. The language of Section 17 of RERA
section
(1) of section 11 within a period of two months from the
date of its execution."
13. The statutory field of MOFA imposes ... consent under
Section 7 .
20. In light of the limited jurisdictional ambit of the Competent
Authority under Section 11 of the MOFA Act, a meticulous
conveyance in favour of the society
representing the completed phase. Section 11 of MOFA was
enacted to eliminate the mischief of promoters retaining control ... emanates from the obligation of good faith and complete
disclosure under MOFA. Section 7 of MOFA, in particular, would
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application filed by Respondent 3 before
Respondent 2 under Section 11 of MOFA was not maintainable.
The petitioner company already held title to the land ... Competent
Authority acted strictly within the limits of Section 11 of MOFA.
That section creates a clear mechanism. When a promoter does not
execute
application filed by Respondent 3 before
Respondent 2 under Section 11 of MOFA was not maintainable.
The petitioner company already held title to the land ... Competent
Authority acted strictly within the limits of Section 11 of MOFA.
That section creates a clear mechanism. When a promoter does not
execute
verification of the authenticity of the agreements and consents
under Section 7 of MOFA;
(ii) affording the promoter a reasonable opportunity to contest the
application ... that light, the adjudication rendered by the Competent
Authority under Section 11 of MOFA cannot and does not foreclose
any substantive civil rights that
constitutional protection. He argued that all flat purchase
agreements apply MOFA, and under Section 10 of that Act, both
respondent No.1 and respondent ... MOFA. This is significant
because MOFA is a welfare legislation meant to protect flat
purchasers from the inaction or arbitrary conduct of developers.
32. Section