False case u/s 13 of mofa act

Kirankumar (Querist) 12 August 2011 This query is : Resolved
The Society has filed various false cases to builder about criminal breach of trust, us. 3,4,5 and Sec. 13 of Mofa Act, Society filed Civil, Co-op Case and 2 criminal cases against builder, which has no substance, though builder was and is ready to handover the amount taken by flat purchaser as maintenance and convey title to society. but they are harassing the promoter.

can we file Defamation Case on the basis of false court case u/s 500 of IPC, plz guide me, I will be very thankful.

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M/s. Y-not legal services (Expert) 12 August 2011
If you got conviction in those cases mean you can't file defamation case against your society.

DEFENSE ADVOCATE.-firmaction@g (Expert) 12 August 2011
Unless the cases are proved false by the court no defamation possible.

Raj Kumar Makkad (Expert) 15 August 2011
As you are ready to make ll your deficiencies so matter seems end nd you are also advised not to linger on this issue and settle the things amicably.

prabhakar singh (Expert) 17 August 2011
Defamation in your facts could never be a remedy ,even when acquitted of charges, remedy would be that of false and malicious
prosecution which in practice seems to have more dismissals and lesser decrees due to variance of degree of proof being different in civil and criminal cases.

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