Defamation

Sumir (Querist) 20 September 2009 This query is : Resolved
Does the act of displaying, in public, the name of defaulters in notice displayed in notice board by Hoousing Co Operative societies constitute defamation?riven

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A V Vishal (Expert) 21 September 2009
ALREADY REPLIEDriven

Bhumik Dave (Expert) 21 September 2009
Already Repliedriven

Adinath@Avinash Patil (Expert) 21 September 2009
Displaying/publising truth is not come under defamation.In your case the name of the defaulter of co-op housing socity is true then it will not constitute defamation.

riven

Guest (Expert) 21 September 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

REGARDING DEFAMATION KINDLY NOTE THAT

1.IN CASE OF WRITTEN DEFAMATION THE AGGRIEVED PARTY HAS OPTIONS OF MOVING CIVIL COURT AND CRIMINAL COURTS.
2.IN CASE OF WRITTEN DEFAMATION A CIVIL SUIT CAN BE FILED AND COMPENSATION CAN BE CLAIMED FOR HUGE AMOUNT OF LOSS CAUSED DUE TO DEFAMATION IN THE SOCIETY.
3.IN CASE OF WRITTEN DEFAMATION A CRIMINAL CASE CAN BE FILED UNDER SECTION 500, 501 OF INDIAN PENAL CODE AGAINST THE ACCUSED PERSONS IN THE CHIEF JUDICIAL MAGISTRATES COURT .AND UPON HEARING THE COMPLAINENT ON VERIFICATION AND ARGUMENTS OF ADVOCATES THE HONOURABLE COURT MAY ISSUE PROCESS UNDER SECTION 500, 501 OF THE INDIAN PENAL CODE AND ORDER THE POLICE OFFICER OF THE AREA CONCERN TO INVESTIGATE THE MATTER AND REPORT.
4.KINDLY NOTE THAT HOUSING SOCIETY DISPLAYING NAMES IN PUBLIC OF DEFAULTERS MAY ATTRACT THE PROVISIONS OF SECTION 500, 501 OF INDIAN PENAL CODE. KINDLY NOTE THAT IN CASE HOUSING SOCIETY HAS OPTION TO SEND PERSONAL NOTICES TO THE MEMBERS OF THE SOCIETY AND THEY HAVE NOT SENT SUCH NOTICES AND WITH A VIEW TO INTENTIONALLY DEFAME THE MEMBER THE NAMES OF MEMBERS OF HOUSING SOCIETY ARE DISPLAYED ON PUBLIC NOTICE BOARD AND IF IT CAN BE SHOWN THAT DUE TO SOME INTERNAL POLITICS AMOUNG THE OFFICE BEARERS OF SOCIETY THE SAID ACT IS DONE INTENTIONALLY TO DEFAME THE COMPLAINENT THEN IN SUCH CASES IT IS DISCREATION OF THE COURT TO ISSUE PROCESS UNDER SECTION 156 (3) OF CRIMINAL PROCEDURE CODE AND ORDER THE POLICE OFFICER OF AREA CONCERNED TO REGISTER THE CRIME AGAINST THE OFFICE BEARERS OF HOUSING SOCIETY OR COURT MAY CALL REPORT OF POLICE OFFICER OF THE AREA CONCERNED UNDER SECTION 202 OF CRPC AND ON THE BASIS OF SUCH REPORT MAY ISSUE PROCESS AGAINST ACCUSED AND ORDER THE POLICE OFFICER TO REGISTER THE CRIME AGAINST THE OFFICE BEARERS OF HOUSING SOCIETY.
KINDLY NOTE THAT EVEN IF YOU JUST FILE A COMPLAINT AT CHEIF JUDICIAL MAGISTRATES COURT , AND INFORM THE OFFICE BEARERS OF HOUSING SOCIETY THEN THEY WILL BE SCARED AND YOU CAN STOP THEM FROM FURTHER DEFAMING YOU IN FUTURE PLEASE NOTE.
KINDLY NOTE THAT IT DEPENDS ON SUBMITING SUFFICIENT EVIDENCE TO THE COURT.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI)ADVOCATE.riven

DD Sathe (Expert) 21 September 2009
Truth is complete defesne in defamation cases.
From the replies you must have realised it is better not to default.
Take care.riven

Raj Kumar Makkad (Expert) 21 September 2009
Publication of Truth is already justified. No offence on the part of society. Come out of list of defaulters instead of making further default and starting unnecessary litigation.riven

Sarvesh Kumar Sharma Advocate (Expert) 21 September 2009
yes in the Publication there is Truth,which is already justifiedriven

Sachin Bhatia (Expert) 21 September 2009
Displaying or publising truth is not come under defamation. In this case if the name of the defaulter of co-op housing society is true then it will not constitute defamation. So no offence on the part of co-op housing society.riven

Sumir (Querist) 22 September 2009
well i didnt know whether to post in civil or criminal or other...soriven

Defamation

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