TR Madhavan
23 September 2010 at 21:12
Our flat owners’ welfare association is registered under A P Societies Act in 2003. Most of the resident flat owners are either state/central government employees rest private and retired persons. Generally any complaint about the association brought before concerned registrar of societies they do not act. I have some questions hope I get proper answer and advice to act accordingly.
1. Is it true that, A P state government rules person working with Police Department as Constable/Driver/others cannot hold any Office Bearers post in any resident/flat owners’ welfare association? Does he/she need to take permission of his superiors before taking up the post?
2. Our flat owners’ association bye laws do not have any clause to form a Care Taker Committee. But, it was formed with out bringing an amendment in the bye laws. The committee formed and its decisions are legally valid? If not, what is the action to be taken by the member or members?
3. Our flat owners’ association had filed a case in the A P State Consumer Commission against the builder of our block for deficiencies in services. Necessary letters were sent to all the flat owners’. About 20 flat owners gave their authorisation and after passing necessary resolution in the executive meeting a case was filed. A year later another person took over as secretary, necessary information was given before the commission through a memo. A year later due to personal reasons the secretary resigned from the post. A care taker committee was formed and they failed inform the commission about the change in secretary. The Secretary, who handled the case earlier, was named as one of the complainants in the case was forced to handle the case till the pronouncement of orders. The orders came in favour of all the flat owners. Was it wrong on his part to handle the case till the pronouncement of orders?
4. Can the care taker committee formed file a fresh case in the high court as one of the party with other association against the builder? The case filed was not informed to the complainants in the consumer case as well as to most of the flat owners is it proper?
5. When found the petition filed by the care taker committee before the high court does not claimed proper reliefs, the person duly elected as secretary earlier election, who had a necessary authorisation from the earlier executive committee, which was not revoked. Having ample evidences against the builder does he have the powers to file a fresh case before the high court as the secretary of the association?
6. A year after the pronouncement of orders in favour of the flat owners and when the execution petition on behalf of the degree holders as well as an appeal petition by the builder is pending before the state and national consumer commission, is it right on the part of the association President to issue a letter to the builder without consulting and taking approval of the executive committee/resident flat owners true and false information about the degree holders in the case?
7. The letter has become handy to the builder who filed a false private criminal complaint against them to scuttle legal process. FIR is filed, the investigation is under progress. The victims obtained anticipatory bail. In this connection what action can be initiated against the president of the association by the victims?
Anonymous
23 September 2010 at 15:48
I was falsely implicated on the basis of a false complaint and was trapped by CBI under section 7 of PC act
They have produced some recorded conversation as evidence but the recording presented is the copied one as its ORIGINAL HAS ALREADY BEEN ERASED by them .
My question is whether the copied version of sound recoding can be accepted as evidence in the court when the prosecution has agreed that the original of the sound recording has been erased.
please guide with appropriate citations
Kanhayyalal Dubey
23 September 2010 at 15:16
mere uncle ke 2 ration card hai,amravati aur mumbai, usne mumbai ke ration card me apne bete ke naam ke jagah apne saale ke baete kaa naam likhwa kar apna beta bataya. 1 baar usne unkaa naam apne haath se kaat kar (superiposed)apne bete kaa naam likh kar unkaa paassport banwaa liya . iske alwaa, usne SRA project me usne MMRDA se free me ghar bhi liya, aur rationing ka ajo benefit hota hai wo bhi liyaa.ye sab humne rationong offcer/office ko bataya, aur waha se FIR kaa direction bhi mila ,lekin polce ne FIR nahee likha. Fir MM magistrate ne 156(3) ke tahat order pass kar ke FIR darj huwa. Ab, ab jaantey hai kya huwa, wahee uncle ne, usee court me 156(3) ke tahat ye iljam lagaya ki ye sab jo bhi huwa hai wo humne hee kiya hai, mai to baher rahtaa thaa, aur MM magistrate ne order kiya hai hum per 201, 420, 465.467, 468, 471 IPOC ke antergat FIR ka order mil gaya, ye kaha kaa nyay hai, mere mukdame me, rationing office gawah hai, hamare ground solid hai, jis ration card me unho ne kaat kar naam chadhaya hai wo ,police ne baramad kiya hai, Npw , my learned frend tell me how to get justice, can it be quuashed, the same mmmajistrate who knew all, he himself???
Anonymous
23 September 2010 at 11:24
If FIR submitted in magistrate Court without signature of Police Station officer or IO or any other officer and also no signature on the statement of the complainant, what effect it gives? Who is responsible for that? Even suspect is also released by submitting request report under CRPC 169 by IO.
Request to suggest
Daksh
23 September 2010 at 09:59
Dear All,
What is the punishment in Delhi in case the landlord fails to get the details of his tenant verified.
Best Regards
Daksh
Partha Roy
23 September 2010 at 08:42
Can the matter of Police inaction on cases started u/s: 156(3) be taken up directly with the High Court if several appeals to senior police officers failed to pressurize the concerned IO to submit his investigation report? Do we first have to go through the CJM court? The complainant is a lady with a mentally disabled son. Is she entitled to any special privilege?
Anonymous
23 September 2010 at 07:14
would a not fully constructed building fall under 'house' in house trespass? Sec 442 IPC?
the building has been lying in a "not fullly constructed" stage for teh last 10 years and now some people have trespassed into one of teh flats. do teh owners file under house trespass or criminal trespass?
Anonymous
23 September 2010 at 06:36
its been ameneded in 2005 to non bailable. but is not enforced in subsequent government notifications.
Kumar Krishan Agarwal Advocate
22 September 2010 at 23:51
Dear Ld Friend,
1. When a complaint case was filed before Judicial Magistrate then can we use our other family members or relatives against the accuseds in the list of "prosecution witness" ?
2. Hom many minimum no of prosecution witness need to file complaint case under Cr.P.C ?
3. In complaint case it is necessary to demand from court for registration of an FIR or we can exclude it(that) and proceed with the complaint case matter ?
4. If the police station is biased then can we demand from court, for the direct magisterial enquiry investigation by city magistrate for the alleged offences in complaint case?
** Sir each para contain different question so please to reply about every question in para. **
Thanking you.
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
CHARGE SHEET FILING
The local court has ordered to register and investigate the case. The FIR was registered on a particular date in July 2010. Coming to know about the FIR the accused awarded anticipatory bail in Aug 2010. The charge sheet has to be filed after investigation in how days? Is it from the date of FIR or from the date of acceptance of the bail order?