Nandhinee 25 January 2018

Delay in filing contempt

Hello Sir / Madam, My mother is one of trustee of education trust. 1. Madras High Court has ordered on 2001 - Appointed a receiver to manage the educational institutions, no trustees should interfere in the management, administration, appointment of the educational institutions. 2. But from the record / monthly account statement 2017 it has stated that 5 trustees have received money from the educational institution & signed in the vouchers. While my mother sent lawyer notice to those trustees stating that their act is against high court order. There was no reply & my mother filed contempt petition. Registrar Reply: 1. Since the court order was on 2001, the contempt cannot be filed ( Order was for appointment of receiver & trustees should not interfere in the management of the educational institutions until further orders from court) My Query: Since the high Court order was 2001, but the trustees act is only during 2017. Is there any COURT ORDER for the above issue. Is there any other way to file / numbering of Contempt against those trustees. Reply & copy of order for the above issue is very much appreciated. Regards, Nandhinee

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4 Replies

R.Ramachandran (Advocate) 26 January 2018

From your above post, I do not find that you have pointed out any interference by the Trustees in the management, administration, appointment of the educational institutions, to constitute any contempt.

Nandhinee 26 January 2018

Mr. Ramachandran

For your clarification

1. By admitting students, the trustees got renumeration of Rs5000/- from each student (15 students admitted by trustees) , by signing in Vouchers.

2. For attending cases, trustees are getting conveyance & lawyers fees of Rs25k from the institution by signing in vouchers.

As per the High Court order "None of the trustees should interfere in the management, administration, appointment of the educational institution" clearly stated.

(Guest)

Is trustee restrained from charging for his services. Is there any contract between institution and trustee that the trustee shall perform a job assigned to him pro bono?

Ritu rawat 30 January 2018

contempt petition can be filed within one year from the date of occurrence or commission of contempt and limitation of one year shall start from the date of occurrence of contempt and not from date of that order