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samyak Satish   24 July 2009 at 15:20

Co-Operative Hsg. Society issues

Ours is a housing SOciety at Mira Road. We will be highly oblige if you can guide us in following:

1. An ex-secretary has misappropriated a sum of Rs.1.23 Lacs in 2001-02. Thereafter he admitted in AGM and given an undertaking to repay the amount and also issued post dated cheques which were subsequently dishonored. He also stopped payment of Maintainence charges. The then Committee filed proceedings u/s 138 of Negotiable Instrument Act and u/s. 101 of MSC Act but subsequent Committee did not follow the matters and allow to lapse the matters. The o/s amount with 21% interest now increased upto Rs.6 Lacs+. He had also kept some records of Society on basis of which he goes on making allegation against ex-committee members without disclosing documents or facts. He now obstructs every society meeting and did not allow smooth functioning of Society. The condition of building is so bad that if urgent repairs are not carried out, it will be not possible to habitat after 2-3 years but Society has no funds.
a. What is the fastest and cheapest way to recover o/s from him (considering deliberate lapsing of earlier proceedings) ?
b. Whether it will be more suitable if general body first expell him from membership and then file suit for vacant possession of his flat?

2. Whether we can put up unaudited accounts before AGM and upon its approval put up audited accounts for further approval? (Accounts for last six years were not prepared by ex-committees which are now finalised, but there are some disputable matters, so we think that if the same are approved first, the audited accounts will be correct to most extent and will be acceptable to all.

rohini   24 July 2009 at 14:11

Nullification of marriage

Hi,

I am rohini & I want to know more about nullification of my marriage.
I met a guy through a matrimonial site & chatted on orkut for 2 months & got married to him by then,without parents concent.
But withih 1 day I realised that he has cheated me as was staying in rented flat & not an owed one & din't have any four wheeler but just a two wheeler & that the salary was only Rs 20000 & not Rs 50000 as said by him.
So the very next day I returned home.
Pls guide if I can go for nullification of my registered hindu marraige & no what basis?

CA Manmohan   24 July 2009 at 13:40

Gratuity

just want to know about the determination of Gratuity amount in case of death.
Will nominee of employee get the Gratuity amount till the date of retirement or only till the date of death.

Is any possibility to get the gratuity till date of retirement.If yes any legal possibility

Dinkar Vidyarthi   24 July 2009 at 13:15

need of registrability of Power of Attorney

Dear Sir,
I am living at Delhi I want to execute a POA in favour of my brother to sell a specific property situated at KolKota. if I exectute the same in new Delhi, is there any need to get the same registered at New Delhi. if yes where I have to get it registered ? because if I am living at Aurangzeb lane in New Delhi, in which jurisdiction I go to get the same registered.

Regards
Dinkar

Abhishek Lyall   24 July 2009 at 12:46

Lease Deed

I want know if the lease agreement is signed for three year and there is a clause in the agreement that any party can give a notice for ome month and vacate the the propert whether still it will be called as lease agreement and since there is aclause for vacating after giovng notice for one month whether the same is required to be registered under the registration act 1908. I have come across one article which says that such agreement is called rental agreement on rent to rent basis which is renewed automatically every month till one party gives notice. which means the actual fixed term is only one month.

Thanks

k.bala   24 July 2009 at 11:45

partition between two brothers

In the village there is two brother one of he younger brother get the partition for the property from elder brother with unequal shares, this property is belong to there father and he is diead, then the partition is become invalid if the elder brother put the case againts the young brother please advice me asap.

sumita sen   24 July 2009 at 10:41

RTI

we purchased a plot of land in kolkata in the year 1987. at that time the land was free from all encumberences.Several 6imes we tried to deposit land tax but on some pretext or other the authority did not accept the land tax.subsequently WB govt. notified/vested the entire land belonging to a Zamindar without earmarking the above land. The said Zamindar filed a suit agaist such notification and demanded adequate compensation from the State Govt. and filed a suit in the High court of cacutta.Nothing is known about the outcome, although several times we had visited the BLRO office.
Now we want to approach the RTI commissin for such hurdle caused to a Senior Citizen. We want to know the present status of the case and the stand taken by the State Government.
Also, I invite your suggestion in this regard.

Dinesh Malik   24 July 2009 at 10:32

Minor shareholder

In a private limited Company, there are 3 sharholders - A, B and C.

A is adult and B & C are his two minor daughters (under his guardianship). Is is ok?

Whether this fulfils the requirement of minimum two shareholders in a private ltd. company?

Gargi Hazarika   24 July 2009 at 10:31

resigned+willing to work notice perod+no pay

hi!!

Please can some one give me the legal position/case law on a situation where i have resigned and am willing to work the notice period but the company wants me out without paying me for 3 months when i am willing to work.

AJIT KAWATKAR   24 July 2009 at 00:55

everithing about caveat

kindly let me know about caveater/tee;there rites/limtations etc. how to vacate the caveat petition? also kind enough to submit case/s.