Samar
09 April 2009 at 12:06
Hi can any senior give me the following case law
Ocean Investment & Finance Pvt Ltd vs Union of India
AIR 1990 Delhi (154)
ITR 3739/1989
Please provide on urgent basis.
Thanks in advance
Samar
Ashey
09 April 2009 at 11:56
what is the procedure to be adopted in filing a change of vakalath when the previous advocate on court record refuses to make 'no objection' endorsement ?
Ashey
09 April 2009 at 11:37
What is the amount of fee the advocate appearing for the petitioner is legally entitled to in an MCOP fild in the year 2000 ( Motor Accident Cases)- Death case - if the award amount of Rs. 4,00,000 is passed in the year 2009 (amount also deposited) - Claimants are widow of the deceased, and 2 minor sons ( who are major at the time of passing the award i.e at 2009 )
Jimut Baran Patnaik
09 April 2009 at 10:47
The above rules have been recently adopted by the State Govt. of Orissa. Under the rules what are the statotory complainces of a Principal employer, engaging contractors.
Which part of the cost of the project shall attract the cess of 1% and payable and by whom, whether the Principal Employer or the contractor?
chandrakant shetty
09 April 2009 at 06:58
My second wife wants to apply for passport she has two childrens being a hindu i am not supposed to have two wives can my second wife apply for the passport and mention my name as spouse whereas in my passport my firstwifes name is there i just want her to get the passport tell me how to go about i am willing to execute any affidavit or NOC and can she continue using my name and surname
SRIPRAKASH BHATTACHARYA
08 April 2009 at 23:33
08.04.2009
DEAR SIRS,
AS PER WEST BENGAL CO-OPERATIVE ACTS, 1983 AND RULES 1987 DIRECTORS OF A BORAD ARE ELECTED BY THE GENERAL MEMEBRS AND IN TURN THE DIRECTORS ELECT THE CHAIRMAN, VICE CHAIRMAN, SECRETARY AND TREASURER ARE ELECTED BY THE DIRECTORS AMONGST THEMSELVES TO WHICH THE GENERAL MEMEBRS ARE NOT A PARTY.
‘UNDER RULE NO. 50, ‘POWERS AND DUTIES OF THE CHAIRMAN AND VICE-CHAIRMAN OF THE SOCIETEY’ IT IS WRITTEN THAT :-
"THE POWER OF THE CHAIRMAN AND VICE CHAIRMAN OF THE BOARD OF DIRECETORS SHALL HAVE THE FULL COTROL OVER THE ADMINISTRATION AND BUSINESS THE SOCIETY AND SHALL SUPERVIISE THE FUNCTIONS OF THE SOCIETY ON BEHALF THE BOARD AND SHALL HAVE POWER TO CALL ANY RECORD OF THE SOCIETY OR ANY OF THE SOCIETY OR ANY REPORT FROM THE CHIEF EX.OFFICER OR THE SECRETARY TO SATISFY HIMSELF THAT THE AFFAIRS OF THE SOCIETY HIMSELF THAT THE AFFAIRS OF THE SOCIETY ARE BEING MANAGED IN ACCORDANCE WITH THE RESOURCE OF THE BOARD.
PROVIDED THAT THE CHAIRMAN OR THE VICE-CHAIRMAN, AS THE CASE MAY BE, SHALL NOT ACT IN CONTRAVENTION OR ANY OTHER GIVEN OR DECISION TAKEN BY THE BOARD IN TS MEETING.
AND
UNDER RULE 41 B‘REMOVAL AND RECALL OF A MEMBER OF ABORAD AND AN OFFICE BEARER’ IT IS WRITTEN THAT:-
1. AN ELECTED MEMBER OF A BOARD MAY BE REMOVED (BY 2/3RD OF THE DIRECTORS) FROM THE OFFICE BY A GENERAL MEETING WITH DUE AGENDUM
2. “AN OFFICE BEARER MAY BE REMOVED FROM OFFICE BY A RESOLUTION OF THE BOARD AT A METTEING SPECIALLY CONVENED FOR THE PURPOSE”
AS IT WAS FOUND THAT THE SECRETARY OF THE BOARD WAS NOT GIVING HIS TIME TO THE WORK OF THE SOCIETY AND ALSO WORKING AGAINST THE INTEREST OF THE SOCIETY AS WELL AS THE BOARD, THE CHAIRMAN VIDE A NOTICE STATED THEREIN THAT:-
“AN EMERGENCY MEETING OF THE BOARD OF DIRECTORS WILL BE HELD ON………..AT ……PM .AT THE OFFICE OF THE SOCIETY, KOLKATA -45 TO DISCUSS THE FOLLOWING:-
*AS PER PROVISIONS CONTAINED IN RULE 50 OF THE WB COOP. SOCIETIES RULES, 1987 – WHWTHER THE AFFIRS OF THE SOCIETY ARE BEING MANAGED IN ACCORDANCE WITH THE RESOLUTIONS OF THE BOARD AND ACTION NEED TO BE TAKEN AS PER PROVISIONS CONTAINED IN RULE 41(2) OF THE wb c00P. SOCIETIES RULES, 1987 AS AN URGENT REMIDIAL MEASURES*
THE SECRETARY OF THE SOCIETY ALSO RECEIVED, ACCEPTED THIS NOTICE DULY SIGNED AND ACCORDINGLY A MEETING WAS HELD ON 11.012.2008. HOWEVER, THE SECRETARY DID NOT ATTENT THE SAME, HOWEVER, ALL OTHER DIRECTORS ATTENEDED THE SAME.
DURING THE MEETING IT WAS DISCUSSED THAT THE CHAIRMAN WELCOMED THE MEMBERS PRESENT AND INFORMED THEM THAT UNDER WHAT CICUMSTANCES THE MEETING WAS CONVENED. SHRI …………………………,(HEREIN THE SECRETARY) HOWEVER, REMAINED ABSENT WITHOUT ANY INFORMATION ALTHOGH HE RECEIVED THE NOTIVE ON ………………. AND SUBSEQUENTLY RESOLUTION WAS AS FOLLOWS:-
‘THE MEMBERS OF THE BOARD DISCUSSED AT LENGTH VARIOUS MATTERS REGARDING THE AFFAIRS OF THE SOCIETY AND THE MANNER IN WHICH THESE WERE BEING CONDUCTED. THE CONSIDERED VIEW OF ALL THE MEMBERS PRESENT WAS THAT THE SECRETARY OF THE SOCIETY, SHRI……………………..WAS NOT PROPERLY DISCHARGING THE RESPONSIBILITY AS SECRETARY IN THE BEST INETERST OF THE SOCIETY AND SHOULD THEREFORE BE REMOVED FROM THE POST OF SECRETARY WITH IMMEDIET EFFECT. ACCORDINGLY THE FOLLOWING RESOLUTION AWS PASSED UNANIMIOUSLY.’
“IT IS RESOLVED THAT SHRI………………….., SECRETARY OF ………………………………….COOPERATIVE HOUSING SOCIETY LTD. IS REMOVED FROM THE POST OF SECRETARY OF THE SAID SOCIETY WITH IMMEDIET EFFECT AS PER RULE 41(2) OF THE WBCS RULES, 1987.”
ON THIS THE SECRTARY CONTESTED AND WROTE TO THE MINISTER, RCS AND DRCS THAT HE HAS BEEN REMOVED ILLEGALLY. HE APPLIED POLITICAL INFLUENCE AND WE EXPECT AN INQUIRY BY THE DRCS.
MY QUESTION IS THAT IN RULE 41 (2) IT IS WRITTEN “MAY BE” AND NOT “SHALL BE” REMOVED. WHEN IT IS WRITTEN ‘MAY BE’ THEN IS IT MANDATORY THAT THE OFFICE BEARER, WHOM, WILL BE REMOVED HAS TO BE SPECIFICALLY TOLD ABOY THE DESIGNATION OF THE OFFICE BEARAER. IF THE DESIGNATION OF THE OFFICE BEARER IS WRITTEN, EVEN THOUGH HE MAY NOT ACCEPT/RECEIVE THE NOTICE.
MY QUESTION
Madhavi
08 April 2009 at 14:08
I dont want divorce but can i ask for judicial separation as i am having mental and physical torture from my husband for no reasons .
now i am staying with my parents alongwith with my 1 year old son
my husband not supporting financially me or my son for last one year .
can i get custody of my son and can i claim for maintainance from my husband
Madhavi
08 April 2009 at 14:06
I dont want divorce but can i ask for judicial separation as i am having mental and physical torture from my husband for no reasons .
now i am staying with my parents alongwith with my 1 year old son
my husband not supporting financially me or my son for last one year .
can i get custody of my son and can i claim for maintainance from my husband
pls do answer my email ID madhavi.shirke@gmail.com
priyank gupta
08 April 2009 at 11:11
I WANT TO KNOW ABOUT THE EXAMS OF JUDICIARY WHICH WOULD CONDECTED BY VARIOUS STATES. I ALSO WANT TO KNOW ABOUT THE PREPARATION MATERIAL FOR THE SAME.
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Position Date is Important of Agreement Date ?
Dear Sir,
Our company has give one of our property to another company on lease agreement. As per Agreement they will bare maintenance charges & paid with rent. They have take position of premises more than one month before showed agreement date.
My Question is Can I charges rent and Maintenance Charges for the Period between Position date & Agreement Date?
please give suggestion in details.
regards,
Ravi