Advocate Unmesh Gopal Dindore

Questions Answered by Advocate Unmesh Gopal Dindore

Q: Can a resolution passed in an AGM be altered by the managing committee without the consent of member

Can a resolution passed in an SGM by members of a housing society be canceled by the Managing Committee in their meeting without the consent of society members?

Advocate Unmesh Gopal Dindore answered
In a co-operative Society, the General Body is supreme. A resolution passed by the General Body can be modified or canceled only by the General Body. Managing Committee can not suo motu cancel the resolution of the General body. If the Managing Committee has done so by its resolution, you can challenge the decision of the Managing Committee in Co-operative court.

Q: Meaning of "case disposed" mentioned in the order by court

what is meant by nature of case -case disposed --uncontested otherwise i m respondent

Advocate Unmesh Gopal Dindore answered
case disposed may mean that, 1) it has been withdrawn or 2) it is dismissed for default. Uncontested means nobody contested by filing written statement. But, it does not mean that, the case is decided on merits.

Q: Directors resigned after cheque bounce, are they liable for the case ?

Some Directors region after cheque issue (poat dated) then they are lible for 138 or not.

Advocate Unmesh Gopal Dindore answered
Section 141 of the Negotiable Instruments act lays down that : 141 Offences by companies.- (1) If the person committing an offence under section 138 is a company, every person who, at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and proceeded against and punished accordingly:Provided that nothing contained in this sub-section shall render any person liable to punishment if he proves that the offence was committed without his knowledge, or that he had exercised all due diligence to prevent the commission of such offence:[Provided further that where a person is nominated as a Director of a company by virtue of his holding any office or employment in the Central Government or State Government or a financial corporation owned or controlled by the Central Government or the State Government, as the case may be, he shall not be liable for prosecution under this Chapter.](2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attribute to, any neglect on the part of, any director, Manager, secretary, or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation: For the purpose of this section. –So, you have to prove that, all the directors were in charge of and were responsible to the company for the conduct of the business of the company at the time of your transaction and issuance of the cheque. Further, they should be aware of the your transaction for being liable.

Q: Whether i am entitled to full refund of booking value from builder

I had booked a Flat. Due to lone problem, cancelled the flat.Builder gave me some amount of my booking money.But till now he does not give me balance money. Why he does not give me my money. 4 yrs gone,In between 4 yrs i called him again & again, he told me i ll give you. If any rule for Builder to deduct money from my booking amount. After cancelled i arranged a new customer for this particular flat. Please conform me.If i ll get refund or not.

Advocate Unmesh Gopal Dindore answered
Pls go through terms of your agreement. The terms are binding on parties. However, You can file a suit for recovery of the amount, if you take care of limitation. You can also file a police complaint against the builder if the terms of your agreement do not provide for deduction

Q: Blackmailing and harassment by my girlfriend's family.What can be done

Hello, I have some few questions. Me and my girlfriend are dating since 8months, and we both are really attached to each other and see a future togethor. The problem is I'm a punjabi where as my girlfriend is a Jain-Marwari. The Girl's family is creating a lot of issues and threatning me that they will take police actions against me. Would like to get in touch with a lawyer who can help me with this so that I'm prepared for everything in advance. Call me at any given point of time. Thank you so much

Advocate Unmesh Gopal Dindore answered
I presume that, both of you are major. If the girl is really ready to support you, you can take assistance of police authorities and get protection against your in laws' threats. You may approach a competent court of law for protecting you and your girl friend from harassmennt.