Consider - consideration - consent to offer
Ashok Kuvadia
(Querist) 03 July 2013
This query is : Resolved
MEANING OF CONSIDER AND CONSIDERATION AS PER LAW (020713) :
(01) Dear Experts, in anticipation I am thankful to all of you for giving me your valued Opinion, which helps a lot to people like me who are fighting for Justice and their Rights in person and gives moral supports too.
(02) I have filed a Dispute at Co-operative Court, Mumbai, appearing in person since last Seven years, against my Society which is Co-operative Ownership Housing Society.
(03) The Opponent Society has filed its Affidavit of examination-in-chief, wherein it has mentioned that-- “ I say Mr. A, shown interest in the project and therefore the General Body meeting held on 30.03.2003 CONSIDERED the proposal given by Mr. A. I say for CONSIDERATION of this proposal it was decided to obtain consent of all members and accordingly all the members have signed on the letter dated 04.04.2003”.
(04) It is to be noted that there is no documentary evidence such as copy of proposal of Mr. A; Minutes & Resolution of meeting dated 30.03.2003 & 04.04.2003 to substantiate their any claim. It is contended that everything is lost. However without prejudice to the same, I am putting my query as below.
MY QUERY:
(a) Can it be said that on 30.03.2003 the proposal / offer was MERELY -- analyze and/or appraise and/or assess ?
(b) Can it be said that, however, on 30.03.2003 the proposal / offer was NOT accepted and decided and finalized ?
(c) OR - Can it be said that on 30.03.2003 the proposal / offer was accepted and consent given ?
(d) Can it be said that on 04.04.2003 the proposal / offer was CAREFULLY THOUGHT to give consent ?
(e) Can it be said that on 04.04.2003 the proposal / offer was accepted and consent given ?
(f) In other document (which is affidavit commonly executed by 5 affiants in 2009 filed to High Court in Bail Application of Mr. A) they have mentioned that--
“It was decided in meeting dated 30.03.2003 to give development right to Mr. A. After the said resolution was passed Development Agreement & Power of Attorney was executed in favour of Mr. A”.
But in the same there is no mention about any event / decision of 04.04.2003 such as consideration of proposal and consent to it. Therefore, considering aforesaid para-03, are they right and legitimate to claim that it was decided on 30.03.2003 itself ?
(f-1) Out of the two different contentions (i) of Affidavit of Examination-in-Chief as mentioned in para-03, and (ii) that of Affidavit of 2009 executed by 5 affiants as mentioned in para-(f), which will be considered as true and legitimate and having more weightage ?
(g) If you have some different Opinion then aforesaid indicated in queries, kindly mention the same.
(h) Can you please provide me the exact meaning of CONSEDER & CONSIDERATION as per law ?
N.B.: Since I have kept my Query to limited issue only, therefore not explaining about whole matter.
Thanking all in anticipation, once again.
Ashok.
Raj Kumar Makkad
(Expert) 03 July 2013
As there are no documents in support of proposal, minutes, proceeding of the meeting and signature/acceptance of all members of the the alleged proposal, nothing can be opined except that the society has failed to substantiate its version.
If at the time of bail of A, no such alleged meeting was mentioned in the application then the affidavit filed can be treated as prejury and a strong action can be got initiated thereon.
