Anonymous
16 October 2010 at 13:56
We are residing in a complex of 12 buildings. The builder has formed 3 Socities comprising 4 buildings each. He intends to execute a conveyance deed as mentioned in the agreement. However, he intends to not execute the conveyance deed for the open areas in the complex like the garden, internal common roads, stilt area, etc. Is it possible that we can get conveyance deed executed for this in favour of the society.
Kirti Kar Tripathi
16 October 2010 at 11:18
Dear Experts
I have a problem relation to validity of registration of a society. X, a social & educational society was registered under the provisions of Societies Registration Act, 1860 on 2 Aug. 2008. In which Mr. A is one of the office bearer i.e. vice president. On 4 Aug 2010, he i.e. Mr.A executed a gift deed donating a peace of land in favour of said society. in the said deed the fact of registration of society is mentioned. Thereafter, the society applied for mutation before the revenue authorities. During the mutation proceedings Mr. A not objected and gave his nio objection in writing in the month of July 2008. Thereafter, the said authority passed his final order ordering for mutation of land in favour of Society on 16-12-2008. The Society constructed some structure on the land. The dispute started when Mr. A sold a portion of the said donated land in the months of July 2009 by two separate sale deeds. Now in the month of Jan 2010, Mr. A made an application to the Registrar of Society stating therein that the papers submitted by the society do not contain his signature. On his application the Registrar has issued a show notice to the society under Section 12-D of the Societies Registration Act, U.P. Amendment as to why the registration of society be not cancelled on account of misrepresentation. The said Section 12-D of the Act is being produced as under:-
12-D, Registrar powers to cancel registration in certain circumstances----------(1) Notwithstanding anything contained in this Act, the Registrar may, by order in writing, cancel the registration of any society on any of the following grounds.
(a) that the registration of the society of its name or change of name is contrary to the provisions of this Act or any other law for the time being in force.
(b) that the activities or proposed activities have been or are or will be subversive of the object of the society or opposed to public policy.
(c) that the registration or the certificate of renewal has been obtained by misrepresentation or fraud.
Provided that no order of cancellation of registration of any society shall be passed until the society has been given a reasonable opportunity of altering its name or object or showing cause against the action proposed to be taken in regard to.
On appearance of documents submitted by the society, it appears that the signatures of Mr. A are not genuine .
I am representing society. In my reply I want to take the following defenses.
(a) the action of Mr. is after thought.
(b) he estopped under the law as he has condoned the action of society by his subsequent acts i.e. by making sale deed and also by giving no objection before the revenue authority
(c) on the ground of acquaintances as he has not objected in time and he was present at the time of submission of papers.
(d) that the dispute involves complicated questions of facts and law, which can be decided by competent civil court after proper evidence and adjudication and the registrar has no powers to decide the same in summery procedure under section 12-D.
Whether my objections have any force, pleased advice.
Anonymous
16 October 2010 at 10:00
I am serving as LDC in GREF (BRO), Min of Shipping, Road Transport and Highways, Govt of India, an Integral part of Armed forces of India, wef 10 Aug 2002. I was selected as Clerk in CGDA during Apr 2003 through proper channel. But later a ban was imposed during May 2003 on outside employment/interdepartmental transfer/permanent absorption by Director General Border Roads (HQ DGBR), Head of Deptt stating that there is deficiency of staff in department. Due to the ban imposed, my candidature was cancelled by competent authority. The ban was imposed till Nov 2007. During Nov 2007 the ban was lifted with a condition that only persons having minimum 07 (seven) years service will be relieved. That time I had completed only 05 1/2 years of service, but yet I applied for some outside employment/interdepartmental transfer/permanent absorption, which all were not permitted being the condition in the directions of HQ DGBR. However, some of the individual who were less than 07 years of service and were also junior than me were relieved on outside employment by HQ DGBR violating its own policy/directions which is a total discrimination against me in the yes of law also. Meanwhile, during Jun 2008 Director General Border Roads (HQ DGBR) again imposed the ban on outside employment/interdepartmental transfer/permanent absorption which still exists stating same that there is deficiency of staff. I have represented/applied several times for lifting the ban/granting me NOC as this is causing me financial hardship and is a total hindrance in my career prospect. I have acquired a higher qualification of Diploma in Pharmacy (D.Pharm)/Technical qualification and was also bestowed with award being stood first in West Bengal state Medical Faculty. I intimated the same to Head of Department and requested to grant me to join the different opportunities I was getting having higher pay & career prospect which all had been denied. As this department has a harsh duty which kept always me away from my home, my parents were always tensed for me. Meanwhile, my mother also expired due to heart attack as soon as my arrival at LC DGBR, Kolkata. My aged father now residing alone at my home is sufferring from heart disease. I stating all the facts again applied for granting me NOC on compassionate ground to join Department of Telecommunication, Govt of India on permanent absorption for the post of Junior Accountant having higher pay and career prospect where I have been selected on the basis of advance application fwd by my previous unit. But the same was not fwd to HQ DGBR by the Chief HQ CE (P) Vartak and was returned unactioned. Now again a letter from Controller of Communication Accounts, Kolkata has been recd to this unit regarding my selection as Junior Accountant in DoT, GoI wanting my ACR and Vigilance Clearance Certificate and I have came to know that I will be posted at Kolkata permanently which will enable me to look after my aged alone father. Meanwhile, a letter has been issued by HQ DGBR regarding disparity in pay, allowances and other benefits between GREF (We) and Army personell and asked for willingness of personnel who does not want the benefits of Army facilities, whom will be adjusted to some other Central Govt department/PSU. On the basis of the letter of HQ DGBR, I have applied to adjust me in any central govt dept. Now I want to join DoT, Govt of India as junior Account having higher pay. Please issue necessary directions to lift the ban imposed on outside employment/interdepartmental transfer/permanent absorption as this violates Article 14 and 16 of the Constitution of India and also Article 21 and 23 by treating such acts as Forced labour and as well as violation of Human Rights and moreover I want to serve the country which is the biggest service and is totally to the public interest. Please answer me and advise/suggest me further course of action and also Govt policies/orders/court orders please. Although I asked previously this question, but the answer is not satisfactory to me. Kindly answer some satisfactory answer as I think the ban imposed is against the constitutional rights.
Deepak
15 October 2010 at 17:24
Dear Experts,
We have manufacturing establishment in Delhi since 1980, and covered under ESI & PF act, and more than 20 workers are working with us.
Now, we bought a land in Noida and start the construction trough various contractors on the following conditions.
1. Including Labour + Material.
2. Only Labour Basis.
3. Only material Basis.
Some of the contractors having 5 labours, some have 10, 20, or more than 20 labours at site and they don’t have ESI & PF No.
my query is-:
1. Are the PF & ESI applicable on the above?
2. If yes. Who will be responsible to pay under both the act?
3. Is there any notification/circular under both the act to pay/coverage of these labours?
4. Are our Noida Building will be club with the Delhi unit for the purpose of coverage?
5. or this Noida unit will treat as a new/separate unit(there is no connection with Delhi unit)?
6. As we don’t have any PF or ESI nos. at our Noida unit (which is under construction) still we need to pay the ESI & PF to the construction labour?
7. Are we need to taken ESI & PF no during the construction period?
8.
Regards,
Deepak Bharadwaj
Anonymous
15 October 2010 at 13:25
I retired from Army after serving for 10 yrs as an officer in 2003.I took up a job in a government Bank in 2008.I was the seniormost in army service & rank among my other batchmates who are also ex army.I was 3rd in overall merit. Our duties & appointment in the Bank are also same.Our pay was fixed as per our last pay drawn in Army.I retired with the 5th pay commission scales & therefore my pay was fixed taking into account my last pay drawn. All my batchments (though much junior to me in army service& also junior as per the seniority fixed in the Bank)fall in the 6 pay scales & their pay was fixed by giving them maximum numbers of increments.As a result though we all are doing the same job,went through the same recruitment process but drawing different pays.There is a difference of 10,000-20,000/-in their pay & mine.Also ,some of my batchments who are junior to me in seniority as they joined after me have more basic then mine.
Please guide me of the rules of "same work same pay" also if juniors can draw more pay ( our work & designations are same).How can the law help.Thank you
anu
15 October 2010 at 12:20
if anybody have contact number or any kind of information for court marrige in diu please let me know
thanks
anu
15 October 2010 at 12:13
if anybody have any contact of lawyer please give me contact number or email id send me that kind of information at basket_26@ymail.com
anu
15 October 2010 at 12:07
hello ! i want to do court marrige in diu i want advocate there
Shreya
15 October 2010 at 10:56
Can anyone please elaborate the stages that take place in civil/criminal/matrimonial/other cases. so juniors like me can know how the court system works. I am in courts for the past 1 month and every time i sit for observation in court, I am not able to understand most of the things. The advocates just give some papers to the judge and the cases are given dates. I would be very thankful to all the learned members here if you could please let me know the stages of the suit and how it is done. Recently i was appearing for 138 case and i asked the judge to issue NBW because the summons had been served, suddenly the opposite advocate came and filed something and I dont know what it was. Please help me!!
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format of NGO
Dear Sir
kindly provide if possible the format of NGo.