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Santosh SHarma   12 May 2016

Slander defamation

This is Santosh Sharma, started a campaign against a School management whereas the Parent Teacher Association was not formed.

I had loadge the complain with Govt. Of maharashtra Educational department and by their intervention, process of meeting to form PTA started .

But before formation there is a twist made by one of the parent who was earlier with us, but now by unknown reason he left us and started making fake allegation on me and parents who are in support of me that we are taking commission from School management for installing the CCTV  and many more whereas we have his audio recoding and Whatss up chat.

Could we file Slander Defamation or some other charges can be imposed on him

As this issue is related to Social reform for betterment of Student of that School, we have to move ahead.

This incidence come under jurisdiction of Thane Mahaarashtra

Awaiting you prompt and helpful advice



Learning

 6 Replies

Siddharth Dev (Advocate)     12 May 2016

you should follow following steps i suggest;

1. scrutinize all evidence

2. whether defamation is caused i.e., whether such defamatory slogens exchanged other than injured?

3. the act must be done by him i.e., accused of offence is also condition.

Sudhir Kumar, Advocate (Advocate)     13 May 2016

Read.

 

You have not disclosed in which capacity you were in the operation?

Sudhir Kumar, Advocate (Advocate)     13 May 2016

defamation case can lie if

 

  1. Allegation made by the defendent
  2. allegation made regarding aplicant
  3. allegation conveyed to third party
  4. applicant lost reputation by such communication
  5. allegation is false

 

Waseem (Junior advocate)     17 May 2016

Dear Santosh,

Firstly tell us what exact allegations has this person made against you. Secondly whether the allegations were made in public. last but not the least whether the same has casued any loss of reputation or has affected your campaign. If all these things have happened then you can file civil defamation suit for damages as well as criminal complaint for defamation.

Thanks

Sudhir Kumar, Advocate (Advocate)     17 May 2016

Originally posted by : Waseem
Dear Santosh,

Firstly tell us what exact allegations has this person made against you. Secondly whether the allegations were made in public. last but not the least whether the same has casued any loss of reputation or has affected your campaign. If all these things have happened then you can file civil defamation suit for damages as well as criminal complaint for defamation.

Thanks

In addition to this the allegation should be false also.  No defamation lies in stating truth against a person.

Santosh SHarma   18 May 2016

Dear Wasim Thanks for your reply.

The campaign is to form Parents Teacher Association in A private school where the Management is playing with us by saying that he is supporting us to form the same. He started Divide and Rule policy and broken down our unity in Parents and half of the parents from our committee moved towards him.

The thing is that we supported the school in case of developing the infrastructure like CCTV, where we asked the school to install it as per government guidelines but he was delaying with that he is not getting proper vendor. We had one of parent who was in the same business and we advised to take him as a vendor. But some thing happen in between them and the work was get delayed than a month. We did follow up and replaced that vendor with another. Now that Parent as a vendor is making statement to all parent that to earn commission we are changed the vendor.   

We got a reputation while running the campaign and the formation of PTA is nearby. Now some more parents who are not able to make their time in our campaign we removed, they are also joined that vendor and started making statement which is destroying our image as well as giving a huge loss to our campaign ( we already in a loss of reputation in amongst our supporter). The whole thing has been done to stop our campaign and not to form  PTA as per Fee Regulatory act 2011.

To form the PTA we already registered a grievances with Government of Maharashtra.

Plz suggest further.


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