Misuse of letter head
tanvi
(Querist) 14 October 2012
This query is : Resolved
1.What if a person being a trustee of an Indian Trust uses the letterhead of the Trust without the prior permission of the other Trustees but for the advancement of the Trust's objectives?
2. The person using such letter head doesn't use the words " for and on behalf of" while signing would this bind the Trust still?
3. Legal provisions for the above?
ajay sethi
(Expert) 14 October 2012
academic query . state facts of your case
tanvi
(Querist) 14 October 2012
Facts of the case:
There is a residents association which is formed as a public trust, I am a trustee of that trust. The trust is formed for public charitabile purposes. There is a particular builder in my locality who has done various illegal constructions and harasses a lot of poor people for developing his property.
I had on the trusts letter head written to the development officers to see whether 3 court orders passed against the builders previously have been acted upon or not. If not action be taken on those.
The builder is a very notorious person who has troubled all who have previously complained against him.
Now he has issued me a notice for defamation and to all the trustees that I have also misused the letterhead of the association without the consent of other trustees for personal use.
The other trustees are very scared and do not want to take responsibility of this.
Hence using the trusts letter head without using for and on behalf does it still implicate the trust as well?
Currently, I need to get the trust out of this battle
V R SHROFF
(Expert) 14 October 2012
YOU
and
THE TRUST
ARE TWO DIFFERENT ENTITY.
You cannot use Trust Letter Head for your Personal use.
Now you need a MC Resolution passed that you write and send so & so for and on behalf of trust.
Otherwise u hv to bear consequences.
Trust can say you acted ultravires
