N.K.Assumi (Advocate) 09 December 2009

Does it amount to defamation against the members?

Members of the Co-Opertaive Society passed a resolution for strike against its chairman and the Secretary , and as per the resolutions they went on strike against its Chairman and the Secreatry. While the strike was in progress one of the member went to the Chairman's house who was about to leave the station by his car. The said member who knows how to drive drove the vehicle and went away with the Chairman and the secretary. Does it amount to Defamation against the members of the society?

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6 Replies

Daksh (Student) 09 December 2009

Dear Mr.N.K.Asumi,

There is a difference in between regulation of relationship amongst the members of a society and their personal life. It is evident from perusal of your mail that simply one member has went along with the Chairman in his car it does not tantamount to defaming other members as in my view the same does not meet the cretaria required to fit in to be covered withint he parameters of Defamation. The relationship amongst the member is regulated through the Articles simply because a resolution is passed (there is nothing on record to say and suggest that by personal visit of a member the Resolution stands nullified/voilated etc.) There is no bar in personal intimacy amongst the office bearer and any individual whether or not he is a member of the society or not and as such no case of defamation is made out. I hope this satisfies your query.

Best Regards

Daksh

N.K.Assumi (Advocate) 09 December 2009

Dear Daksh, thank you very much indeed for your responds. Do you mean that a charge of trickery, hypocrisy against a member does not fall under defamation? Any way lets see for more responds from the learned members.

Suchitra. S (Advocate) 09 December 2009

Moving away from the strike and going away along with the chairman of the society means he is not with other members in the resolution of taking up strike against the chariman. It denotes his individual opinion reagrding the strike and in no way defamatory to the members of the society. In order to be defamatory, he should have made any derogatory statements against the members of the society. So, I dont think it is defaming in any way.

SANJEEV KUMAR (STUDENT) 09 December 2009

Assumi Ji

Why donot you use the following sections which are more powerful than defamation. Try to fit your case in the following sections and proceed.

Section 340. Wrongful confinement.

Whoever wrongfully restrains any person in such a manner as to prevent that person from proceedings beyond certain circumscribing limits, is said "wrongfully to confine" that person.

Section 339. Wrongful restraint

Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has right to proceed, is said wrongfully to restrain that person.

Exception: - The obstruction of a private way over land or water which a person in good faith believes himself to have lawful right to obstruct, is not an offence within the meaning of this section.

Section 350. Criminal force

Whoever intentionally uses force to any person, without that person's consent, in order to the committing of any offence, or intending by the use of such force to cause, or knowing it to be likely that by the use of such force he will cause injury, fear or annoyance to the person to whom the force is used, is said to use criminal force to that other.

Section 365. Kidnapping or abducting with intent secretly and wrongfully to confine person

Whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined, shall be punished with imprisonment of either descripttion for a term which may extend to seven years, and shall also be liable to fine.

Section 357. Assault or criminal force in attempt wrongfully to confine a person

Whoever assaults or uses criminal force to any person, in attempting wrongfully to confine that person, shall be punished with imprisonment of either descripttion for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

Section 360. Kidnapping from India

Whoever conveys any person beyond the limits of ¹[India] without the consent of that person, or of some person legally authorized to consent on behalf of that person is said to kidnap that person from ¹[India].

Section 362. Abduction

Whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person.

Section 383. Extortion

Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any property or valuable security, or anything signed or sealed which may be converted into a valuable security, commits "extortion".

Section 447. Punishment for criminal trespass

Whoever commits criminal trespass shall be punished with imprisonment of either descripttion for a term which may extend to three months, with fine or which may extend to five hundred rupees, or with both.