Competent Authority's Power to Review Deemed Conveyance and the Doctrine of Approbate and Reprobate

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Case: PRAN ASHISH CO-OPERATIVE HOUSING SOCIETY LIMITED v. DISTRICT DEPUTY REGISTRAR CO-OPERATIVE SOCIETIES MUMBAI CITY (3) AND COMPETENT AUTHORITY
Court: Bombay High Court
Date: 14-07-2026
Law: Maharashtra Ownership Flats (Regulation of the promotion of Construction Sale Management and transfer) Act, Maharashtra Co-operative Societies Act.

Full Judgment → MCQ Test →

Highlights of the Judgment:

• Jurisdictional limits of the Competent Authority under Section 11(4) of the MOFA, 1963.
• Application of the "functus officio" doctrine regarding the power of quasi-judicial authorities to review final orders.
• Analysis of the "approbate and reprobate" principle concerning parties accepting conveyance benefits while rejecting attached obligations.
• Distinction between substantive review on merits and procedural review to correct errors "ex debito justitiae".
• Interpretation of the Competent Authority's power to enforce promoter obligations versus the lack of inherent title-determining power.
• Legal validity of "default stipulations" in Deemed Conveyance orders that render prior grants nugatory.