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october 2018

Supreme Court of India · 2018-10-12

Dahisar Saraswati Coop. Hsg. Scy. Ltd vs The State Of Maharashtra

Citation / case number
AIR 2018 SUPREME COURT 4805
Court
Supreme Court of India
Petitioner
Dahisar Saraswati Coop. Hsg. Scy. Ltd
Respondent
The State Of Maharashtra
Author
Abhay Manohar Sapre
Bench
Indu Malhotra, Abhay Manohar Sapre

Judgment text excerpt

The Supreme Court held that the High Court erred in denying leave to appeal under Section 378(4) of the Cr.P.C. against the Metropolitan Magistrate's order dismissing the complaint under the Maharashtra Ownership Flats Act. The Court emphasized the necessity of a regular hearing to examine the violations alleged by the complainant, a housing cooperative society. Consequently, the Court allowed the appeal, set aside the High Court's order, and granted leave to the appellant to file an appeal before the High Court.

Dahisar Saraswati Coop. Hsg. Scy. Ltd vs The State Of Maharashtra · Niyam