Prem
29 March 2014 at 11:55
Respected Sir's,
Need advice & what actions can be taken with reference to the below scenario:
An Institution, due to some disputes between the trustees. A Receiver was appointed by the H'ble High Court of Madras. The Principal of the above Institution is appointed as the Receiver & the appointed of Receiver & acceptance has been signed between Jurisdiction Sub-Court Judge & Receiver.
During appointment as Receiver, he is working in the Institution as Principal. After few years in 2011, he had contested in State elections for Municipal Councilor post & had won the elections. Now he is the Elected member for Municipality as a Councilor.
Questions:
1. Does The Receiver who has been appointed by the Court is considered as Government Employee?
2. In a Judgement given by H'ble Supreme Court of India (Criminal Appeal No: 1881 of 2013 - Page 14 & 15) has stated that "Public Servant means - any person authorised by a court of justice to perform any duty, in connection with the administration of justice, including a liquidator, receiver or commissioner appointed by such court) with reference to the above statement, the Receiver is a Public Servant, which means a Government employee? Correct me if, I'm wrong... Please...
3. If he is considered as Public Servant (Government Employee), the Election Commission doesn't allow Government Employee to participate in elections. Based on this situation, what actions (criminal / civil - according to which section of law), to cancel his Receiver post & Municipal Councilor post?
Thanks in advance.
Regards,
Prem
Prem
29 March 2014 at 11:50
Respected Sir's,
Need advice & what actions can be taken with reference to the below scenario:
An Institution, due to some disputes between the trustees. A Receiver was appointed by the H'ble High Court of Madras. The Principal of the above Institution is appointed as the Receiver & the appointed of Receiver & acceptance has been signed between Jurisdiction Sub-Court Judge & Receiver.
During appointment as Receiver, he is working in the Institution as Principal. After few years in 2011, he had contested in State elections for Municipal Councilor post & had won the elections. Now he is the Elected member for Municipality as a Councilor.
Questions:
1. Does The Receiver who has been appointed by the Court is considered as Government Employee?
2. In a Judgement given by H'ble Supreme Court of India (Criminal Appeal No: 1881 of 2013 - Page 14 & 15) has stated that "Public Servant means - any person authorised by a court of justice to perform any duty, in connection with the administration of justice, including a liquidator, receiver or commissioner appointed by such court) with reference to the above statement, the Receiver is a Public Servant, which means a Government employee? Correct me if, I'm wrong... Please...
3. If he is considered as Public Servant (Government Employee), the Election Commission doesn't allow Government Employee to participate in elections. Based on this situation, what actions (criminal / civil - according to which section of law), to cancel his Receiver post & Municipal Councilor post?
Thanks in advance.
Regards,
Prem
Prem
25 March 2014 at 01:29
Dear Sir / Madam,
We had registered a Trust Deed on 2000 with 20 members, due to some reasons 15 trustees (some of the trustees are died & they had added their legal heirs) joined together & made a new amended trust deed, in the local registration office.
The following are the findings, which we later found in the registered amended trust deed:
1. One of the Trustee was died on 2007, but in the new amended deed, it was written as he is still alive & due to his illness, his legal heir has become the member of the Trust (The died person, haven't written any will / document for appointing his son as a trustee)
2. Is this a criminal / civil offence, for stating a false statement in the recently registered trust deed? Please let me know the civil sections & what kind of punishment would be given under the law?
3. We are the remaining 5 Trustees, shall we file criminal / civil case against 15 trustees who had signed the amended deed?
4. Under section of law, they can be charged & what will be the punishments for doing these unlawful act?
5. Does the amended deed document will be valid, for taking possession of the trust?
6. What will be the minimum & maximum punishments, for these wrong doings?
Thanks in advance.
Prem
25 March 2014 at 01:26
Dear Sir / Madam,
We had registered a Trust Deed on 2000 with 20 members, due to some reasons 15 trustees (some of the trustees are died & they had added their legal heirs) joined together & made a new amended trust deed, in the local registration office.
The following are the findings, which we later found in the registered amended trust deed:
1. One of the Trustee was died on 2007, but in the new amended deed, it was written as he is still alive & due to his illness, his legal heir has become the member of the Trust (The died person, haven't written any will / document for appointing his son as a trustee)
2. Is this a criminal offence, for stating a false statement in the recently registered trust deed? Please let me know the criminal sections & what kind of punishment would be given under the law?
3. We are the remaining 5 Trustees, shall we file criminal case against 15 trustees who had signed the amended deed?
4. Under section of law, they can be charged & what will be the punishments for doing these unlawful act?
5. Does the amended deed document will be valid, for taking possession of the trust?
6. What will be the minimum & maximum punishments, for these wrong doings?
Thanks in advance.
Prem
18 November 2013 at 12:38
Dear Sir / Madam,
We had registered a Trust Deed on 2000 with 20 members, due to some reasons 15 trustees (some of the trustees are died & we added their legal heirs) joined together & made a new amended trust deed, in the local registration office.
The following are the findings, which we later found in the registered amended trust deed:
1. One of the Trustee was died on 2007, but in the new amended deed, it was written as he is still alive & due to his illness, his legal heir has become the member of the Trust (The died person, haven't written any will / document for appointing his son as a trustee)
2. Is this a criminal offence, for stating a false statement in the recently registered trust deed? Please let me know the criminal sections & what kind of punishment would be given under the law?
3. What will be consequences if any of the public / remaining 5 trustees files a criminal suit based on this amended deed?
4. To avoid criminal / civil suits, please let me know what has to be done?
Thanks in advance.
Prem
04 August 2013 at 16:15
Dear Experts,
Under RTI act, can we get the details about the fixed deposit details & Bank statement details for a Public Trust.
We are also one of the trustees of the Educational trust, but we are having disputes amount the trustees. So, when I approached the bank the Manager told me that, only the account operating person having rights to get those information. I showed the trust deed & still he is refusing, to provide those details.
Is it possible to get those details under RTI.
Please advice
Thanks in advance
Prem
Prem
04 August 2013 at 16:09
Dear Experts,
Under RTI is it possible to get the details about the Income tax filing reports for 1990 - 2013 for Public Trust, which is running a Polytechnic college.
Moreover, we are one of the trustee of the public trust. Since we have disputes among the trustees, I had approached them several times, but still they are not giving the copies.
Please advice.
Thanks a lot
Prem
Prem
08 February 2011 at 14:14
Court has appointed a Receiver for an Educational Institution. Please explain me the duties & responsibilities of a Receiver. Is there any law stating the duties of a receiver? If yes, please send the files.
Thanks in advance
Anonymous
23 May 2010 at 10:28
Sir / Madam,
We are a Trustee in Educational Trust which presently running a institution. Due to some reasons, the High Court of Chennai has appointed a Receiver on 2002 & mentioned in the Judgement to complete the pending suits amoung the trustee's within 6 months from the judgement date. The civil suits are transfered to X Court, almost 9 gone, still we every month, when the hearing comes there is no appearance of the parties. So, the suits are still pending. Please help us to know the solution for cancelling the Receiver appointed by the Court & take over the operation of the Educational Institution.
Thanks.
Note:
We need a Lawyer, has experience in dealing with Trust suit. Please refer.
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Demise of court appointed receiver
Dear Sirs,
Court has appointed a Receiver in 1994 to manage the Trust property. But suddenly he died on 9 Nov 2014.
These are my queries:
1. How to Inform the court regarding his demise.
2. Within how many days it has to be informed?
3. Who's duty is to inform the court? Is it the trustees or his sub-ordinates?
4. If they fail to inform, under what section of law, they can be punished?
5. Without a new Receiver appointment, does their sub-ordinates can act as Receiver?
6. Without the appointment of new Receiver, does the trustees can take-over the property?
7. If question no: 6, is yes (or) no. Please provide the section details about the punishment
8. Regarding to the above issue, where I can find the section details & where to refer in the law for further more details.
Thanks in advance.