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.