Legal Question in Civil Rights Law in India

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.

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