Relevant sections under ipc
Mrs R.Yadav
(Querist) 09 November 2014
This query is : Resolved
Dear Experts,
A private unaided school got registered a society "A" in 1986 under Society Registration Act 1860 from Registrar (Firm and Societies). The school society was registered with the name "A" with a registration no 2877.
After 10 years , the same school applied again to Registrar (Firm and Societies) stating that the school wants to to get the same society "A" registered 6 under Society Registration Act 1860. Here it is mentioned that the school applied for a registration of new society and not for renewal of already existing society"A". The school president duly submitted an affidavit to Registrar (Firm and Societies) undertaking that society "A" is not existing however in fact society "A" was already registered with registration no 2877.
By giving false affidavit to Registrar (Firm and Societies) , the school managed to get registered the again society "A" (which was already registered 10 year ago with registration no 2877) with new registration no 3274. Hence school
My question is
1. Can I register a criminal case against the above school for regitering the same society again on the basis of false affidavit ?
2. Under which sections of IPC , I can register criminal case against the school.
3.Can Registrar (Firm and Societies) register criminal case against above school ? If yes, under which section of IPC ?
4. Should I register a criminal case against above school if applicable ? Here it is pertinent to mention that the above school dismissed me from service on false grounds and the court has set aside the termination order but the school has not reinstated me yet.
Kindly advise me
Regards
Mrs R Yadav
Devajyoti Barman
(Expert) 09 November 2014
1. Who are you as filing of case would on your locus standi.
2. To file a criminal case you need not mention the offence allegedly committed nit the section.
3. Yes
4. You better lodge complaint with the Registrar of Society to cancel the registration. If it fails to do so then go to high court in writ jurisdiction.
Mrs R.Yadav
(Querist) 09 November 2014
Dear Adv Barman,
Thanks a lot sir for your valubale advice. If I come forward to register case against school , I have one doubt if school moves to high court against court order(Court of ADJ has set aside termination order) and states that respondant (myself ) is bent upon closing down the school and on other hand respondant (myself ) is seeking relief to get reinstated. Will this fact go aginst me in future ?
Regards
Mrs R Yadav
Haryana
Sudhir Kumar, Advocate
(Expert) 09 November 2014
you are not able to disclose how the affidavit is false. Have you seen the affidavit or are you having a copy of the same. Do not leave thing to the imagination.
Mrs R.Yadav
(Querist) 09 November 2014
Dear Adv Barman Ji,
Kindly advise me relevant section of IPC which are applicable in this case against school management.
Regards
Mrs R Yadav
Mrs R.Yadav
(Querist) 09 November 2014
Dear Adv Sudhir Ji,
I have obtained certified copies of affidavit filed by school to Registrar (Firm and Socities). I have also obtained certified copies of both registration certificates of the same society , letters written by Registrar (Firm and Socities) to the school society wherein Registrar (Firm and Socities) has written to school that the school has fraudantly got registered the society by giving false affidavit.
Regards
Mrs R Yadav
Sudhir Kumar, Advocate
(Expert) 10 November 2014
you are telling that you have a copy of affidavit. You are not able to tell how the affidavit is false and how the registration is fraudulent.
Sudhir Kumar, Advocate
(Expert) 10 November 2014
You hve commented nothing on the aspect of PF deposited by the School.
ajay sethi
(Expert) 10 November 2014
dont lodge any complaint in your name .
Rajendra K Goyal
(Expert) 10 November 2014
registrar is the proper person to initiate any step in the present situation.
T. Kalaiselvan, Advocate
(Expert) 14 November 2014
If you want to loge a complaint against the irregularities, you mention the irregularity alone in the complaint and not the relevant provisions of law. You do not have to mention any section of any law in your complaint. If you still have more doubts, you may take the help of your lawyer who has been engaged by you to fight your pending case.
