Saturday, March 7, 2026

Latest:

Unconditional Withdrawal of Civil Suit – Whether Bar to Section 11 MOFA Application for Deemed Conveyance – Applicability of Order 26 Rule 1(4) CPC
Bombay HC Quashes Deemed Conveyance – Prior Civil Suit Unconditional Withdrawal Bars Fresh Application of Society under Section 11 MOFA.
Section 11 of MOFA – Deemed Conveyance – Postponement till formation of Apex Body of Societies
Bombay HC – Section 11 of MOFA – Deemed Conveyance – Objections of Promoter that Project was not complete and balance FSI is available for future development.
Bombay HC Clarifies Membership Law – Unregistered Transfers Cannot Confer Housing Society Rights and Ownership

Sections 394 & 471of the Mumbai Municipal Corporations Act, 1988

June 26, 2025 legaldeli

During inspection of the trade premises, it was found that the petitioner was carrying out eating house canteen activity with the help of microwaves, tea / coffee vending machine, induction, refrigerators, tables for service purpose without licence.

However, section 3(ff) defines “eating-house” to mean any premises to which the public are admitted and where any kind of food is prepared or supplied for consumption on the premises for the profit or gain of any person owning or having an interest in or managing such premises.

In this case, the eating facilities are provided to the employees during their meal break they could reheat their food prior to consumption and tea / coffee vending machines are provided which are self-service machines, utilized by the employees themselves and same is neither sold nor purchased by any person. The place provided for eating is merely a dining area with absolutely zero trade.

HELD that the activity of the Company in providing separate dining area for the employees for consuming the food contained in food tiffin carried by them and arranging microwave ovens, tea / coffee vending machines, induction, refrigerator, tables so that the employees could reheat their food prior to consumption for the employees and the guests visiting their office clearly shows that there is no material on record showing that any “trade” is being conducted to attract the main requirement of Section 394(1)€(i) of the MMC Act.

Judgment dated 17.6.2025 of the High Court of Bombay in Criminal Application No.409 of 2025 of M/s. Bob Capital Markets Ltd Vs. The State of Maharashtra and another

Leave a Reply Cancel reply

I HAVE READ THE DISCLAIMER AND AGREE TO IT.

User Acknowledgement

By proceeding further and clicking on the "AGREE" button herein below, I acknowledge that I of my own accord wish to know more about LegalDeli for my own information and use. I further acknowledge that there has been no solicitation, invitation or inducement of any sort whatsoever from LegalDeli or any of its members to create an Attorney-Client relationship through this knowledge site. I further acknowledge having read and understood the Disclaimer below.

Disclaimer
About: This knowledge-site (www.LegalDeli.in) is owned and operated by LegalDeli (“NDA”), and is a resource for your informational and educational purposes only.

No Warranty: NDA does not warrant that any content or information contained on this knowledge-site is accurate, correct, complete or up-to-date, and hereby disclaims any and all liability to any person for any actual or threatened loss or damage caused by errors or omissions, whether such errors or omissions result from negligence, accident or otherwise. NDA assumes no liability for the interpretation and/or use of the content and/or information contained on this knowledge-site, nor does it offer any warranty of any kind, either expressed or implied in relation to such content or information.

Third-Party Links: NDA does not intend that links / URLs contained on this knowledge-site re-directing users to third party websites be considered as referrals to, endorsements of, or affiliations with any such third party website operators. NDA is not responsible for, and makes no representations or warranties, express or implied, about the content or information contained on such third party websites to which links may be provided on this knowledge-site.

No Legal Advice: By clicking ‘I agree’ and proceeding further, you acknowledge, represent and undertake that you on your own accord wish to know more about NDA, its capabilities and research content and information contained on the knowledge-site, for your own knowledge and personal use. The content and information contained on this knowledge-site should not be construed as nor relied upon as legal advice. You as a reader or recipient of content or information contained in this knowledge-site should not act, nor refrain from acting, based upon any or all of such content or information, but should always seek the advice of competent legal counsel licensed to practice the relevant law in the appropriate jurisdiction.

No Attorney-Client Relationship: This knowledge-site is not intended to be and you should not consider the content or information contained therein to be an advertisement, solicitation, inducement or invitation for an Attorney-Client relationship. Transmission, receipt or use of this knowledge-site, including content and information contained therein, does not constitute nor create an Attorney-Client relationship between NDA and you.