Yogesh Modi
19 August 2012 at 17:48
This is regarding a Public Trust, registered in Mumbai in the year 1973 under the Societies Registration Act, 1860 and under the Bombay Public Trusts Act, 1950. The Memorandum of Association and Rules and Regulations of the Trust inter-alia provides provision for Life Trustees. The Life Trustees are not eligible for the post of any Office-bearer. Para 42 ibid provides for amendments. It also contains a Resolution of the Special General Body confirming the Life Trustees.
The Memorandum of Association and Rules and Regulation, 2009 adopted in a Special General Body on 22.03.2009 and promptly submitted to the Charity Commissioner for approval is, however, not approved by him, as yet. The same provides for Permanent Life Trustee in the following Paragraphs:
1) 1.c - The Managing Trustees means the members of the Board of Trustees ………including the living Permanent Life Trustee viz.,………
2) 2.A – The only Permanent Life Trustee to-day is Mr.……….
3) 11 – The Board of Trustees shall be a body of maximum 22 Members besides one Permanent Life Trustee , out of whom 16 shall be elected ………..
4) 41 – Any amendment to these Rules and Regulations can be made only by a Special Resolution passed with two-third majority by the members …………… Thereafter, a Resolution confirming the name of the Permanent Life Trustee is appended to the Rules and Regulations.
You are requested to enlighten on the following:
a) Will it be in order to assume that the delay/non-approval by the Regulatory Authority tantamount to deemed approval of the aforesaid modified ‘ Memorandum of Association and Rules and Regulations, 2009’?
b) Assuming that merely filing of modification tantamount to deemed approval, would it be in order for the Trust to pass a resolution by the Special General Body to add one more Permanent Life Trustee? Or is it necessary for the Trust to submit the requisite form to the Regulatory Authority after getting a suitable resolution passed at a Special General Body to add one more person as Permanent Life Trustee/modify the proviso for Permanent Life Trustee?
Your early reply would be of immense help to us
Rohit Telang
19 August 2012 at 00:56
Six months ago I purchased a flat in pune,near Wakad.The housing project is supposed to consist of 2 buildings.The building wherein I purchased the flat was completed first and the purchasers occupied the flats.The builder could not complete the construction of the second building due to infringement of Blue/Redline(there is a river very near to our building)The second building infringes on the blue line,hence PCMC which had first given permission later on withdrew it.
The builder is stuck up with the municipal and govr. authorities with the dispute.He has not obtained the OC as yet as the project is stuck up.The builder has built 2 floors of the 2nd building and the work is stopped.The builder is not ready to provide the amenities as he promised us in the brochour.He says that he has no money as he has lost money due to no permission from the PCMC to build the 2nd building.
I want to know what are our legal options?Should we approach the consumer court to get justice?We have not formed the society as yet but are in the process of doing it.Please advise.
Dinesh Kelkar
18 August 2012 at 23:18
What should be done if the Managing Committee of Housing Co-Operative Society walks out of between AGM without concluding the meeting(without finishing)
Bhupendra Dubey
18 August 2012 at 19:20
Dear Sir / Madam
I live in Delhi at my rental room; I have made a rent agreement at April 2012 with my landlord on Non Judicial Stamp Paper of Rs. 50/- in which mode of payment for rent is not mentioned. Since April 2012 I paid rent regularly in cash but did not take any receipt for same. So My Question is that
After period over of rent agreement, Can landlord lodge any complaint or go in court for the payment of rent? While I will pay him regularly in cash without any receipt.
Please reply earlier.
Chetan Pichamuthu
18 August 2012 at 18:29
Dear Learned Friends,
My Client is a elder citizen residing in a till now residential locality, during recent days the nature of properties have been changed to commercial & he have lost privacy.
Now his immediate property has been developed commercially, with ground floor let out for nationalized bank and the top 2 floors to bar & resturant.
We obtained the details via RTI and found the following defaults;
1) The plan is sanctioned only for ground & first-Hence the 2nd floor is illegal.
2)Bank has issued a No Objection letter to the Excise officer for setting up the bar on the top floor.
we called the local RBI office and enquired under what provisions is the bank allowed to issue such NOC knowing fully well that the nature of business is in conflict to peace of locality. But they suggested that we move court against the bank manager for issuing NOC.
Hence request your advice on the way forward.
Shivali Oberai
18 August 2012 at 16:39
Hi !!!
Jst wanna know is divorce possible after two months of marriage ? I dont want to live with my husband & my in laws. I jst hate them. My husband is very incompetent man. I dont like him. At present i am at my parents house. I dont want to go there. They are very greedy people. I just hate them. I dont want to spoil my life. Please suggest me legal ways for this separation.
aryan malhotra
18 August 2012 at 14:38
Hi there,
can anybody guide me how and where to appeal against an arbitration awards. The judgement has been delivered 10 days back and i could not appear dur to some confusion.
deepak garg
18 August 2012 at 12:30
dear sir,
respondent has not filled any documentary proof regading the objection he raised in leave to defend with the affidavit.Can he file certain documentary proof in the rejoinder.
Thyagarajan
18 August 2012 at 10:19
I was, for some time, searching Google for an a court’s ruling on method to be adopted by societies on charging its members for maintenance of common facilities in multi- storied buildings and had got one issued by Bombay High Court with Venus Co-operative Society Worli ( Sea face ) as petitioner. I request if any expert has case number and full judgment to share the same with me.
regards
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