Legal status of general secretary
Malay Kumar Das
(Querist) 14 March 2015
This query is : Resolved
I would like to be guided on the following point as I am fighting a civil suit for a noble cause.
Q. Can General Secretary of unregistered Church act as a defendant in a civil suit and file his written statement on behalf of the said unregistered Church?
R.K Nanda
(Expert) 14 March 2015
yes, he can file ws.
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DR.VEDULA GOPINATH
(Expert) 15 March 2015
dear Brother
please send me copy of your articles or bylaws or trust deed etc. for my giving better advice
May God Bless you
dr vedula gopinath advocate/arbitrator
vgnath@gmail.com
Jayaraj Poojari
(Expert) 15 March 2015
The query is vague:
The basis question is: Who are the defendants? Is it the unregistered Church?Is it the unregistered church repn by the General Secy? and/or Is the General secy of the unregistered church in his individual capacity?
Law allows WS to be filed by the defendant(s).
Rajendra K Goyal
(Expert) 15 March 2015
All the documents need to be referred, consult local lawyer and show him all the documents.
Dr J C Vashista
(Expert) 15 March 2015
Why the church (whether registered or unregistered) cannot be impleaded as defendant?
If the church is a defendant it should file its written statement (to protect its interest) along with set-off or counter claim, if any.
Consult a local lawyer or any of the members of this club.
alexander
(Expert) 15 March 2015
As per Hindu Law it is the Priest ( Pandit) looking after the idol is the potential Defendant and in the Muslim personal law it is the Mutawali - looking after the Mosque.
In case of a Church it could be the priest/father or if the Church has a Governing body then normally it should be the the General Secretary who can sue or be sued on behalf of the church . The Governing body may any other person considered competent by them to or to sue on behalf of the church The Church is a juristic person.
Dr J C Vashista
(Expert) 16 March 2015
I agree with the expert advise of Mr. Alexander.
For any other consultancy/clarification you may contact for pre-paid advise/proceeding.
Dr. J C Vashista, Advocate
Consultancy Room, Lawyer's Chamber Block, Delhi High Court, New Delhi-110003
email: majjagdish@yahoo.com
Devajyoti Barman
(Expert) 16 March 2015
How do you mean by unregistered chuck?
There is no such concept of registered or unregistered church.
Do you mean to say that it does not enjoy affiliation from CNI or like other parent bodies.
T. Kalaiselvan, Advocate
(Expert) 17 March 2015
Appears to be an academic query. Better take the help of a local advocate who will be able to guide you properly s per the prevailing circumstances.
Malay Kumar Das
(Querist) 27 November 2015
The record of right of the agricutural land stands in the name of Phulbani Christian Baptist Church marfat (Custodian) Prafulla Nayk Secretary but in clandestine manner the said land was sold by the General Secretary of the Phulbani Oriya Baptist Church in Odisha state. The first named church is dormant and defunct and the second named church active and sold the land without inviting any applications from members of either church or from public.The sale of land not mutated by Revenue authority and thus, the purchasers file a civil suit in local civil court. I am defending the case as defendant to save the lands for its future use by the christians of the locality. Please guide me. All the members of both the churches are unregistered bodies and not made party in the suit.
