Citation regarding complaince of Court's order
Dr Shahid Nadeem
(Querist) 20 January 2016
This query is : Resolved
Respected experts....
In the matter of a Public trust in 2003 we had filed a change report of election held by us which came to be rejected by Assistant Charity Commissioner in 2008 by giving certain direction to hold fresh election by following due procedure in accordance with law....
We have complied with the order of charity commissioner in 2008 by taking election of trust by following due procedure according to the directions given by Assistant charity commissioner AND also simultaneously in 2008 we have challenged the order of rejection of change report of 2003 in Appellate Court which is pending till now ....
I just wanted some Supreme court or High court citations regarding the same issue " that when directions of the courts order are followed means complaince of order is done and simultaneously appeal is also preferred in appellate court then the Appeal itself becomes infructuous ..."""
So that my case in which I have done compliance of court's order should become stronger and effective...
Anirudh
(Expert) 20 January 2016
Having already complied with the directions of the Charity Commissioner (and not COURT), if you are sure there there are no issued and you feel that the Appeal filed by the Trust against rejection of 2003 change report is no more required, better withdraw the Appeal. That's all. No citation is required for withdrawing the Appeal.
Rajendra K Goyal
(Expert) 20 January 2016
Citation / judgement not provided in this section.
V R SHROFF
(Expert) 20 January 2016
Citation not provided in this section.
Dr J C Vashista
(Expert) 21 January 2016
I stand with the experts, however, as rightly advised by expert Mr. Anirudh why do you intend to continue with the appeal after complying with the directions of Asst. Charity Commissioner?
Whatsoever, there is no requirement of any citation for withdrawal of appeal being master dominus. Besides this, you will have to find out citation, if you still feel it necessary, as the same are not being provided on this platform.
Dr Shahid Nadeem
(Querist) 24 January 2016
Respect experts..I deeply appreciate ur valuable suggestions.....
My problem to continue with the appeal is that there are two rival groups of the trustees in the trust. Both have filed change report in 2003 regarding respective elections held by both groups separately which cane to be rejected in 2008 by Asst charity commissioner.
While dismissing both the change reports in separate orders in 2008 , Asst charity commissioner has given certain directions to the trustees to hold fresh election by including new members inducted by our group in 2003....
Both the rival groups preferred appeal in joint charity commissioner and our group of trustees also complied
With the order of assistant charity commissioner by holding election including new members and put the change report to assistant charity commissioner which is still pending.
Joint charity commissioner rejected our appeal and also set a side the direction to hold fresh election given by as.istant charity commissioner.while change report of rival group has been accepted by joint charity commissioner.again we preferred appeal in district court against the order of joint charity commissioner separately one against the acceptance of change report of rival group and second against the rejection of our change report.which is still pending.
District court rejected the change report of rival group which is also maintained by high court in second appeal. Now we have two pending matters one change report filed by our group after compliance of order to hold election according to the order of assistant charity commissioner and second matter in the district court.which we have preferred against the order of joint charity commissioner.
That's why I humbly request to all the experts to provide their valuable suggestions accordingly.
K.S.Srinivas
(Expert) 29 January 2016
For citations go for google search.
