Ajay Pandita
22 July 2016 at 16:24
Can we pass No confidence motion against President in Education Society Act
Dear Team,
We have formed a 9 member team with memorandom to work in Education sector. Around 3 months back we have registered it under Society Act in Maharashtra. We have President, vice president, secretary, treasurer and resr are members.
Kindly suggest, if we can remove or change the President through a No Trust motion, when we are only 3 months old. I came across a Indian express news report of Hon SC order in 2015 which states that a No Trust motion cannot be passed unless 2 years from the formation of a Society. Link shared below -
http://indianexpress.com/article/india/india-others/sc-no-trust-motion-against-co-op-office-bearers-only-after-2-yrs-in-office/
Kindly suggest and clear this confusion.
Regards..
Ajay Pandita
HARSH
22 July 2016 at 15:44
Ld Experts,
Please help :Something which is unlawful, can be lawful by instituting an agreement ?
Is there any maxim or law to the effect of above statement?
Confused Indian
22 July 2016 at 15:37
My father is a central government employee,currently working under the home ministry.
He joined the office nearly 3 months back as a group A officer,ever since then he's been under severe pressure because of the work load and non-cooperation of his juniors and even his seniors.
There are two more similar posts(same as my father's)in the office,all of which have been vacant for a long time until my father was promoted(from a non-officer class job) and made to occupy one of these designations. Now,since he's only new to this job and there is no one around to guide him with his work and duties,my father faced a lot of hardships in the beginning but even after he tried taking control of things and learning how to work around things himself,his fellow coworkers,instead of helping him do so, have only caused him more and more trouble every-time ,mostly ON PURPOSE.
His juniors have not had a healthy relationship among themselves since before he joined this office,they keep fighting among themselves and end leave all the work they've to do as it is.But since my father is the one who actually holds some authority and is responsible for the work. So, keeping in mind that at the end it'll be him who has to answer the delay(and also to maintain a healthy work atmosphere,as their senior), every time my father tries to solve their issues,they all suddenly unify and start THREATENING HIM.One of them has even declared right to his face"I'll only work as much as I feel like.Do whatever you feel like.I'm not scared of anyone".My father has reported this issue to his seniors many time but they aren't interested in the least.All they care about is getting the work done at time,even if he has to do 10 men's work all by himself.
My father has even tried convincing his juniors,by calling them personally after office hours and literally pleading to them to understand his position and to please cope-up with each other but they've straight forward denied his humble request.
Since these past two months, he's been under severe depression and his health has went down greatly. I've never seen my dad so tensed my whole life.
He starts having panic attacks,feels like throwing up all the time and is so depressed that he's sometimes not even aware of his surroundings.
All these things added up to the ailments he's already suffering from(High BP,cholesterol,thyroid,cervical pain among them) have taken a huge toll on his health.
He's applied for a transfer but its already been over a month and a half since that and even though the application was forwarded by his senior, who is totally against the idea(and actually added content against it, from his own side),the application has not even reached the officer who is ultimately in-charge.
The matter has not only been affecting him,but also us,the rest of his family.The sadness is reaching us all.
One more thing I would like to add is that my father had not gone to the office for the past three days due to bad health(caused,of course,by these circumstances) and today when he did,his senior handed him some kind of memo(I don't exactly know if that's an office slang) and warned him of his suspension.But this isn't the first time he's done so.Like i mentioned before,every time my father's juniors get in a fight and leave all the work,its my father who has to suffer,and every time he gets a suspension threat
So finally, I ask you if there's anything the law can do to help us while keeping my my father's job and dignity and help our family in these grave circumstances?
sanjeev kumar
22 July 2016 at 14:56
Respected Experts,
we have filed execution of decree in specific performance of agreement case. Sale consideration is deposited in treasury after refusal of JD to accept sale consideration and draft sale deed is also finalized as per objection raised by JD's.
Now Court will be required to appoint Local commissioner as JD are not executing sale deed.
Do we need to create another draft sale deed to be executed by Local commissioner and also seek concurrence of JD or earlier sale deed approved by JD will suffice the purpose?
Earlier it took around one year to finalize this draft sale deed and do we need to spent all this time again in changed circumstances ?
Kobaka
22 July 2016 at 14:07
Dear Experts,
My brother filed a partition suite against me and my mother,court sent summons by registered post to my own house which is locked from last two years due to allegations between me and my brother, my brother knows my new address also, but still they have sent summons to locked house, i heard about this summons from my relatives who are staying near to that locked house.
so do i need collect the summons from postman, or do i need to wait till they have send the summons to my current address?please suggest me...
Sanjay
22 July 2016 at 13:46
My shop was built in June 1989. I let out the same in December 1989 with rent agreement which clearly mentions that Act no.13, 1972 does not apply.
-The tenant had not paid the rent since 01-01-2005 and the shop is closed since then.
-He was living in a rented accommodation in our town as mentioned in the agreement. I inquired about his whereabouts at the location mentioned in the agreement, but I found that he have left the town. His location is now unknown to me as well as the nearby residents & shop owners of that locality. This means he left the town without handing over the shop.
-I have discussed the same with a practicing lawyer. He said that you have to issue a claim notice to tenant & if he does not receive the notice then we can't claim your property in the court.
-Now as the whereabouts of the tenant is unknown to me as well as the nearby residents & shop owners, How can I claim my property back? What sections & rulings would be applicable?
-Also, if this tenant's location continues to remain unknown, then will my property remain in his possession, given that the shop remains closed since January 2005 & without rent payment?
Suraj Kumar
22 July 2016 at 10:09
Hi Sir,
unregistered Release Deed done on 1982 with the Elder Son (A) who left the Family on 1969 & came with the Village Panchayat Members & Relatives to divide the property for him, As per him divided the Property & made a release deed (Unregistered) in 1982 , & also division of his heirs is also mentioned in the Will Deed which is registered in 1989 & divided to two other sons (B & C) , but now the elders son (A) is claiming the case in the court for the property as we are not divided till now , but he had already enjoyed the property which was divided to his share...
So please tell us a solution on this...
Thanks & Regards,
Nataraj
adv. rajeev ( rajoo )
21 July 2016 at 17:21
Plaintiff had filed an application u/o 5 r 20A of CPC, but due to oversight she misplaced the citation to be published in the news paper. In meanwhile court passed an order that suit summons i.e., citation to publish in the paper cannot be reissued. In my opinion another fresh application can be filed to publish the suit summons in the local news paper u/o 5 rule 20A. Let me any judgements. Thank you all the memmbers
sk imtiyaz
21 July 2016 at 17:19
Can i sale the portion of my name of share on ancestor property land and the property was not done partition with other co-owner.....if i sell my share without partition land then did any other co-owner can able to do invalid my registration sale deed?
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Required format of notice under order 1 rule 8
Dear experts, Can anybody provide me the sample of notice to be published in news paper after getting the permission under order 1 rule 8 ?
Thank you.