RK Okhandiar
02 November 2017 at 23:41
Sir, our RWA, in Sector 72 Gurgaon, Haryana, was registered as a society in Aug 2016. Before its registration the Governing Council comprising 07 members had been elected in an ad hoc manner. These 07 members registered themselves as society, without any debate/discussions on its bye laws. In the bye-laws they mentioned that the term of Governing Council (GC) will be 03 years.
For about one year from the date of registration, no effort was made by GC to enrol members. When residents found that GC was indulging in unfair practices, they expressed their lack of faith in them and demanded elections. Under pres sure, the GC started membership drive and promised that elections will be held after membership drive.
After about three months, now the residents asked for the plan of elections and appointment of Returning Officer. The GC has said no one can force them to appoint a RO and they will do as and when they feel like.
The point is that the GC was appointed in an ad hoc manner and was never elected by residents in accordance with rules laid down by Govt. Therefore after having themselves registered they are obliged to open the membership registration process at the earliest and then hold a proper election.
But the present GC is trying to make money at the cost of residents.
My querry is that what can residents do to force them to conduct early elections? Can the ROC force them to do so?
Sanchit
02 November 2017 at 23:18
Hello Sir. I'm a 2nd year LL.B student, willing to take solicitor exam. I have some queries in same regard. Kindly help me with this.
1. How to get to know under which solicitor one should start doing articleship?
2. What if result of giving 3 years to articleship went in vain, I mean if I failed to clear the exam, then what?
3. I heard that soon solicitor practice shall be repealed, as it only prevails in Bombay and nowhere else, is it true? Shall I not go ahead with the decision of starting articleship? As I will complete law in 2018-19. So any chances of unfavorable changes? I mean if something like scrapping of exam or entire solicitor practice happened during articleship, then?
Please help me with this, Sir. I don't want to waste an year. And genuinely want to do solicitors.
Thanks.
Member (Account Deleted)
02 November 2017 at 01:17
In one suit, Plaintiff moved an application for Temporary Injunction at the time of filing of suit , few Defendants gave say. Many Defendants summons were not served at that point, after a brief argument. Hon. Court was pleased to pass order that "Temporary Injunction application will be heard after serving of all summons as there is no urgency in the matter"
There was a delay for few years for serving of summons (Reason better not specify here).
In mean time Plaintiff died her legal heirs were taken on record within the period of limitation in the suit. Plaint was amended legal heirs were taken on record.
Now Temporary Injunction application is on the name of deceased Plaintiff, Names were not taken on record in this application by Plaintiff legal heir.
Those defendants who gave say to Temporary Injunction failed to give written statement to the Plaint,
Some people have the habit to state in the say of Temporary injunction that it should be also considered as written Statement and they also give one Pursis to Hon. Court . Now those Defendant Adv have failed to do both neither wrote such thing in say nor gave Pursis ,
1) Now I feel that application for the temporary injunction is abated, Whether it is correct?
2) And whether rules of abatement which are applicable to suit are also applicable for such applications in the suit (restricted to application)?
3) When Temporary Injunction application abates (If abates as per my understanding ) then what is the legal status for say to Temporary Injunction, then what is the validity of such say in the suit .
4) Now the validity of Say to the temporary Injunction has become the center point of the case because other defendants failed to give WS nor say to Temporary Injunction.
5) I need clarification for Say to the temporary injunction in such situation and whether Hon. Court can discard say using 151 CPC as Temporary injunction application is abated or Say looses its whole relevance ? or any other legal interpretation in such situation?
(Please note this is not academic query, I need to take stand in this matter against Defendants Adv)
Anonymous
01 November 2017 at 17:04
Sir,
We run a small school with less than 14 employees.
The E.S.I inspector through intimidation and harassment made me pay contribution.
They have a copy of my employees register showing the number of employees,
but they wrote it as 20 employees.
When I asked, why it showed that way , I was told it was a clerical error.
And that I can't contest it, as I did not show up for appeal.
Actually, I did attend for hearing, but they did not mention that I had to sign anywhere.
Today , they started again.
Any suggestions or referral to a lawyer in Vijayawada or anywhere in Andhra pradesh or Telangana, would be appreciated.
Thank You,
viraj
31 October 2017 at 22:03
Respected all,
I am living in Kandivali (Mumbai) we have total 14 CHS in our area. out of 4 CHS was from beginning. and they have made federation and federation have private lane i.e lane connected to public road.. now that federation said we need safety and made door at main entrance i,e from public lane to private lane and put security there. although we are not part of that federation they ask to pay 200RS / month. we used to pay from last six month without any receipt also its not include in our CHS maintenance slip.
now suddenly they demanding RS 500/month to park vehicle on road without any meeting or nothing. I personally feel its becoming Gundaraj and as law student i want to fight against it. need your advice.
Anonymous
31 October 2017 at 00:07
Hi,
My employer made me sign a bond stating i need to work for them for 3years failing which i need to pay them 5lacs as training expenses as they state are incurred by them. Is such a bond enforceable as i have completed 10months working for them and now i want to leave as i am not comfortable with the job.
ANSHUL Tayal
30 October 2017 at 15:30
Can bank charge charges for shifting our credit limit from one bank to another even after one year and we didn't sign any renewal documents? They even drop our credit limit due to non submission of renewal documents.
sm mishra
30 October 2017 at 10:54
I am an army officer. I got a call from 07759085455 that my case is listed in lok adalat It seems to be a fake. How can i confirm it and whom should i complain
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locked up for drinking
r/sir, my name is phoja wangsa, studying master in IGNOU. yesterday, i along with my friend were brought in the police station for drinking in public place.actually we were sharing a bottle of breezer in a quiet roadside when the police showed up.. after reaching p/s we found that there's already lots of citizens accused with the same "crime" including 3-4 police person.but the officer bail out the three officials along with some students who were attached with some student union leaders and big officers.. and left us locked for the whole night... is this equality.. was that the way of performing duty.. a lots of questions goin on my mind.. pls help me. what should i do??