Order by submitting forge documents
Mukesh Sharma
(Querist) 06 December 2014
This query is : Resolved
Respected sir,
I have few queries based on following fact:
Accused 'A' who is a owner of Industrial Gala No. 15 made a forge gift deed in nov 2013 and gifted an adjacent society office to his wife accused 'B' by showing it Gala No. 16.
There is no Gala No. 16 in approved plan and society was in possession since last 30 years and was vacated for redevelop society office and society notice was placed on it.
Accused 'B' wife of 'A' sent legal notice
to society for membership of it and on refusal of society she filed complaint to Deputy Registrar of Society.
from Society initially no one was present in court as they did not received any letter.
On 4th date advocate represented orally before Deputy Registrar and received complaint copy.
Later on no one could present due to mistake of date and order was passed in May 2014. Society has not received order copy by post nor in person.
Society given written information to police in august 2014 u/s 467, 420, 448, 120 B, 34.
Till today police has not registered F.I.R.
society recently received notice of Deputy Registrar to give membership to accused 'B'.
My queries are :
1) what legal remedies does society have.
2) Any superior court judgment in support of society.
3) Any other valuable advice.
Regards
Adv M.K.
Hemant Agarwal
(Expert) 06 December 2014
1. The Society can ALWAYS prefer to file a "private complaint" u/s 156(3), with the local Magistrates court, and pray for directions to the Police to investigate and file charge-sheet.
BTW, it seems that the Society's committee members are hand-in-glove with the fraudsters, more so since the Society has ignored the fraud, since more a year.
Keep Smiling .... Hemant Agarwal
READ ARTICLES ON: http://hemantagarwal21.blogspot.in/?view=sidebar
Rajendra K Goyal
(Expert) 07 December 2014
How you are concerned with the query?
Consult local lawyer and show him all the documents.
Rajendra K Goyal
(Expert) 07 December 2014
How you are concerned with the query?
Consult local lawyer and show him all the documents.
Mukesh Sharma
(Querist) 07 December 2014
Dear sir,
I am Advocate and posted query for expert opinion.
Sir it is not fact that the committee members are hand-in-glove with the fraudsters.
They had filed written complaint to local municipal corporation last year.
Hemant Agarwal
(Expert) 08 December 2014
Adv. Mukesh Sharma :
Complaining to the local "Municipal Corporation" is NOT THE SAME as filing a "private complaint" u/s 156(3), with the local Magistrates court.
The "beating-around-the-bush" tactic, is itself a conclusive argument that the "Society's committee members are hand-in-glove with the fraudsters".
TRY to understand that ANY "another" member, may file a "private complaint", with the local Magistrates court. and easily make an conclusive allegation stating that "Society's committee members are hand-in-glove with the fraudsters".
Keep Smiling .... Hemant Agarwal
READ ARTICLES ON: http://hemantagarwal21.blogspot.in/?view=sidebar
malipeddi jaggarao
(Expert) 09 December 2014
Though you are an advocate, in what way you are concerned with the query?
T. Kalaiselvan, Advocate
(Expert) 10 December 2014
I agree with the observations rightly made by expert Mr. Hemant Agarwal. The Society (by some members of vested interest) are hand in glove with the fraudsters because the society did not challenge the case properly when B lodged the complaint before the Deputy Registrar. An advocate who represented the society never bothered to know about the status of the case or have pursued it properly nor the society taken any step to receive the order copy following procedures and did not initiate any step to challenge the impugned order by the Deputy registrar. As there appears lot of irregularities committed by he society it is right to point out that the society is in hand and glove with the fraudsters, therefore any number of name sake complaints with authorities or police will just be a waste exercise or an eye wash. Now the affected member can fling into action if worried about maladministration or practice.
