Section 15 SMA 2013: Developer Fund Transfer to JMB

PJ CENTRESTAGE JMB vs CHERISH SPRINGS SDN BHD & ORS

Strata Management Act 2013 (SMA) but the material facts in this case arose before the enforcement of SMA. Hence, the application of BCPA in this case. B. ... ) Act 2013 (Act A1450) in Selangor with effect from 1 June 2015]; and (4) section 340(2)(a) and (b) of the National Land Code (NLC) ("Alleged Illegality"). ... [42] The relevant part of s 15 of the SMA is reproduced below: "Section #HL_STAR....

PJ CENTRESTAGE JMB vs CHERISH SPRINGS SDN BHD & ORS

[2] BCPA has now been repealed by the Strata Management Act 2013 (SMA) but the material facts in this case arose before the enforcement of SMA. Hence, the application of BCPA in this case. B. ... ) Act 2013 (Act A1450) in Selangor with effect from 1 June 2015]; and (4) section 340(2)(a) and (b) of the National Land Code (NLC) ("Alleged Illegality"). ... [42] The relevant part of s 15 of the SMA is reproduced belo....

SETAPAK RIA CONDOMINIUM JMB vs LOW KOON CHUAN & ORS

[39] Act 663 was repealed by the Strata Management Act 2013 ("Act 757"). Act 757 came into force on 1st June 2015. ... [Emphasis Added] [69] Section 15 (1)(a) of Act 757 states as follows: "Handing over by the developer to the joint management body [70] The objective of s 22(1) of Act 663 and ss 15(1) and 16 of the Act 757, is sufficiently clear. ... (2) T....

[33] We note that the Strata Management Act 2013 ("SMA") came into operation on 1 June 2015. ... Significantly, s 15(2)(a) of the BCP Act was repealed and replaced by s 27(2) of the SMA. This demonstrates that Parliament does not perceive there to be any ambiguity in the above law. ... The JMB shall be automatically dissolved 3 months after the 1 st AGM (s 15(1) of the BCP Act and s 27(1) of the SMA). In this case, the JMB was diss....

Rajawadi Arunodaya Co-op Hsg Soc Ltd VS Value Projects Pvt. Ltd. - 2021 Supreme(Bom) 906

The expenditure by the Developer is not such that can be denied. Therefore, in his submission, some provision must be made to secure at least the return of the Developer's investment in the project. There will be a claim for loss of profit and possibly for damages. After all, he submits, the Developer started work, and admittedly did a fair amount of it, but none of it was intended to be done gratuitously.

Chittesh Dasgupta VS United Bank of India - 2015 Supreme(Tri) 711

It has already come on record that the Balance-Reconciliation Certificate was jointly signed by you and the Senior Manager but it has never been proved that the certificate was prepared in your handwriting. In such a situation a question normally comes as to who is exactly responsible for what. In this context, it can never be concluded that you are responsible for alleged inflation of balances.

International Computers Indian Manufacture Limited VS Commissioner of Income Tax, Bombay City-II - 2015 Supreme(Bom) 317

We are in complete agreement with the view taken by the Division Bench in the above case. Vs. Commissioner of Income Tax, (264 ITR 117)” following the decision of the Division Bench of this Court in “Commissioner of Income Tax Vs. Mahindra Ugine and Steel Co. Ltd.” (supra), the Rajasthan High Court held that the claim of the assessee in respect of expenditure incurred on the public issue to raise capital for expansion of his business would fall under sub-clause (iv) of Section 35D(2)(c) of the Act and the assessee would be entitled for the benefit of the provisions of Section 35D of the Act.....

Arundhati Ashok Walavalkar VS State of Maharashtra - 2011 1 Supreme 328

I am aware that the Metropolitan Magistrates handling the matters of any railway police station on central line get first class free pass right from Nagpur to Igapturi. Even the staff attached to such Magistrates also get free passes. Your lady ticket collectors at Dadar instead of understanding our difficulties have further harassed us in the most insulting manner and this has left a deep scar in our mind. If you care to know how nasty your people could be, you may depute a representative to whom we can explain the facts.

Arundhati Ashok Walavalkar VS State of Maharashtra & another - 2004 Supreme(Bom) 572

If you care to know how nasty your people could be, you may depute a representative to whom we can explain the facts. Your lady ticket collectors at Dadar, instead of understanding our difficulties have further harassed us in the most insulting manner and this has left a deep scar in our mind. I am aware that the Metropolitan Magistrates handling the matters of any Railway Police Station on central line get First Class free pass right from Nagpur to Igatpuri. Even the staff attached to such Magistrates also get free passes.