it is necessary that a notice in wrinting has to be made to registrar of societies before initiating any proceeding in any court of law
West Bengal societies registration act
as per the provisions of the said act the secretary of the society filed a suit against a member before a civil court praying interalia there that the said member is continuously disturbing the society's activities hence a restraining order along with declaration etc. the member filed a petition under order 40 rule 1 of the CPC for appointment of a Receiver. now the question, is the member is entitled to get any relief? or the prayer of the said petition is at all maintainable(being the defendant)?
Asked 10 years ago in Civil Law
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
4 Answers
I agree but sir in this case is the defendant entitled to file the said petition before the said court of law where there is a suit against him? i suppose to say that is this a type of counter claim or not? as it is the case of the plaintiff and the defendant claims a relief, is it permissible?
Asked 10 years ago
no proceedings can be initiated by either of the parties unless a notice in writing has been left over to the office of registrar
please contact a local lawyer familiar with the provisions of West Bengal Societies Registration Act
Whether the member is entitled to the relief or not depends on the complete facts of the case. The pendency of a counter claim does not disentitle the member from succeeding.
