Upgrad LLM

association


Sir,

A Officers association (unregistered) exists.They only meet for monthly lunch like turn by turn kitty party. As membership is large ( 40 families ) and  two members inturn are nominated to host lunch. No other business is transacted by this retired defense officers body.No meetings are held,no record of meetings is kept. No account is maintained.Only one officer is nominated as Master of Ceremony who makes announcement after monthly lunch as to whose turn falls next month.So it is unregistered body of like minded people for hosting lunches only. 

2. Due to some problem two guys fought over some issue. One of them happens to be senior General having more clout than a Colonel .

3. General calls meeting of his coterie (some officers) in his house and these few people pass resolution that Col BSR should not be invited to next party.This direction was passed onto one of the host and other host was not informed.One of the stipulation was that if BSR is called then they will not come for party. 

4. On 17 Dec BSR reaches the party venue and there was hush hush and there was lot of commotion as senior lady decided to go and quit party just because BSR was present.

5. Can any one or group of people , direct hosts,  that they will not call so and so ie BSR for next party ? If they do pass such directions ,what offence they committed against BSR.What remedy lies for BSR for getting relief in Court due to this insult heaped onto him by a group of people under direction of senior officer ie a retired General.

6. Is there a case for defamation,insult, humiliation , injury to reputation in colony AGAINST THE GENERAL OR THE INSTIGATOR as whole colony will come to know that so and so BSR has been thrown out. CAN THEY DO IT AND GET AWAY WITH IT ?.I WOULD LIKE TO FILE A SUIT FOR DEFAMATION OR UNDER ANY OTHER APPROPRIATE SECTION OF IPC OR CR.P.C.

BSR  HOSTED LUNCH IN SEPT AND MY NEXT TURN COMES AFTER 15 MONTHS.BSR IS SUPPOSED TO ENJOY 15 LUNCHES FREE AS HIS KITTY TURN COMES AFTER A YEAR OR PLUS.CAN THEY DENY LUNCHES TO BSR?           

 

 
Reply   
 
CEO

Section 499 in The Indian Penal Code
499. Defamation.—Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person. Explanation 1.—It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives. Explanation 2.—It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such. Explanation 3.—An imputation in the form of an alternative or expressed ironically, may amount to defamation. Explanation 4.—No imputation is said to harm a person’s reputa­tion, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a loathsome state, or in a state generally considered as disgrace­ful. Illustrations
(a) A says—“Z is an honest man; he never stole B’s watch”; in­tending to cause it to be believed that Z did steal B’s watch. This is defamation, unless it fall within one of the exceptions.
(b) A is asked who stole B’s watch. A points to Z, intending to cause it to be believed that Z stole B’s watch. This is defama­tion unless it fall within one of the exceptions.
(c) A draws a picture of Z running away with B’s watch, intending it to be believed that Z stole B’s watch. This is defamation, unless it fall within one of the exceptions. First Exception.—Imputation of truth which public good requires to be made or published.—It is not defamation to impute anything which is true concerning any person, if it be for the public good that the imputation should be made or published. Whether or not it is for the public good is a question of fact. Second Exception.—Public conduct of public servants.—It is not defamation to express in a good faith any opinion whatever re­specting the conduct of a public servant in the discharge of his public functions, or respecting his character, so far as his character appears in that conduct, and no further. Third Exception.—Conduct of any person touching any public question.—It is not defamation to express in good faith any opinion whatever respecting the conduct of any person touching any public question, and respecting his character, so far as his character appears in that conduct, and no further. Illustration It is not defamation in A to express in good faith any opinion whatever respecting Z’s conduct in petitioning Government on a public question, in signing a requisition for a meeting on a public question, in presiding or attending a such meeting, in forming or joining any society which invites the public support, in voting or canvassing for a particular candidate for any situa­tion in the efficient discharges of the duties of which the public is interested. Fourth Exception.—Publication of reports of proceedings of Courts.—It is not defamation to publish substantially true report of the proceedings of a Court of Justice, or of the result of any such proceedings. Explanation.—A Justice of the Peace or other officer holding an inquiry in open Court preliminary to a trial in a Court of Jus­tice, is a Court within the meaning of the above section. Fifth Exception.—Merits of case decided in Court or conduct of witnesses and others concerned.—It is not defamation to express in good faith any opinion whatever respecting the merits of any case, civil or criminal, which has been decided by a Court of Justice, or respecting the conduct of any person as a party, witness or agent, in any such case, or respecting the character of such person, as far as his character appears in that conduct, and no further. Illustrations
(a) A says—“I think Z’s evidence on that trial is so contradic­tory that he must be stupid or dishonest”. A is within this exception if he says this is in good faith, in as much as the opin­ion which he expresses respects Z’s character as it appears in Z’s conduct as a witness, and no further.
(b) But if A says—“I do not believe what Z asserted at that trial because I know him to be a man without veracity”; A is not within this exception, in as much as the opinion which he express of Z’s character, is an opinion not founded on Z’s conduct as a witness. Sixth Exception.—Merits of public performance.—It is not defa­mation to express in good faith any opinion respecting the merits of any performance which its author has submitted to the judgment of the public, or respecting the character of the author so far as his character appears in such performance, and no further. Explanation.—A performance may be substituted to the judgment of the public expressly or by acts on the part of the author which imply such submission to the judgment of the public. Illustrations
(a) A person who publishes a book, submits that book to the judgment of the public.
(b) A person who makes a speech in public, submits that speech to the judgment of the public.
(c) An actor or singer who appears on a public stage, submits his acting or signing in the judgment of the public.
(d) A says of a book published by Z—“Z’s book is foolish; Z must be a weak man. Z’s book is indecent; Z must be a man of impure mind”. A is within the exception, if he says this in good faith, in as much as the opinion which he expresses of Z respects Z’s character only so far as it appears in Z’s book, and no further.
(e) But if A says—“I am not surprised that Z’s book is foolish and indecent, for he is a weak man and a libertine”. A is not within this exception, in as much as the opinion which he expresses of Z’s character is an opinion not founded on Z’s book. Seventh Exception.—Censure passed in good faith by person having lawful authority over another.—It is not defamation in a person having over another any authority, either conferred by law or arising out of a lawful contract made with that other, to pass in good faith any censure on the conduct of that other in matters to which such lawful authority relates. Illustration A Judge censuring in good faith the conduct of a witness, or of an officer of the Court; a head of a department censuring in good faith those who are under his orders; a parent censuring in good faith a child in the presence of other children; a school-master, whose authority is derived from a parent, censuring in good faith a pupil in the presence of other pupils; a master censuring a servant in good faith for remissness in service; a banker censur­ing in good faith the cashier of his bank for the conduct of such cashier as such cashier—are within this exception. Eighth Exception.—Accusation preferred in good faith to autho­rised person.—It is not defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with respect to the subject-matter of accusation. Illustration If A in good faith accuse Z before a Magistrate; if A in good faith complains of the conduct of Z, a servant, to Z’s master; if A in good faith complains of the conduct of Z, and child, to Z’s father—A is within this exception. Ninth Exception.—Imputation made in good faith by person for protection of his or other’s interests.—It is not defamation to make an imputation on the character of another provided that the imputation be made in good faith for the protection of the inter­ests of the person making it, or of any other person, or for the public good. Illustrations
(a) A, a shopkeeper, says to B, who manages his business—“Sell nothing to Z unless he pays you ready money, for I have no opin­ion of his honesty”. A is within the exception, if he has made this imputation on Z in good faith for the protection of his own interests.
(b) A, a Magistrate, in making a report of his own superior offi­cer, casts an imputation on the character of Z. Here, if the imputation is made in good faith, and for the public good, A is within the exception. Tenth Exception.—Caution intended for good of person to whom conveyed or for public good.—It is not defamation to convey a caution, in good faith, to one person against another, provided that such caution be intended for the good of the person to whom it is conveyed, or of some person in whom that person is inter­ested, or for the public good. COMMENTS Imputation without publication In section 499 the words “makes or publishes any imputation” should be interpreted as words supple­menting to each other. A maker of imputation without publication is not liable to be punished under that section; Bilal Ahmed Kaloo v. State of Andhra Pradesh, (1997) 7 Supreme Today 127.
Section 500 in The Indian Penal Code
500. Punishment for defamation.—Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
Here on the general's sdirection the  colonel was boycotted fo r dinner party which lowers his image reputation in his calling or Army Officers group. People belongingto Army officers of general  group and his own(xcolonel's) group) may look downupon th ecolonel. Hence General's diections are motivated at defaming colonel.Defamation has been made out against general  towards colonel. Now colonelneeds to file a defamartion case against General ans hisgroup fo r th eofence of defamation.which if proved in the court the genral would be sent  to jail for  2years or fine or both.
Alternatively  IT IS ONLY WITHIN A SAMLL GROUP OF ARMY OFFICERS by general tendering an unconditional apology to colonel without litigation the matter will be settled  then and there.If you  appreciate this answer please give me all my profile likes.
 
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CEO

Sir, With due respect, it will be a futile exercise to file a suit of defamation in the given circumstances. Good luck, Kishor Mehta
 
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Sir,

Thanks for very elaborate and prompt advise.

BSR.

 
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Advocate

From the facts stated, there is nothing that could be called an association, but a mere group. The entire matter appears to be unconnected with Army discipline and no injury has been caused to the rights of the said person. If one is an unwelcome guest, why to impose oneself  on the group?

 
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this group is of 35-40 families. Only 6-7 families want to settle some score with me.They are in minority.Am I imposing my will on the group or they are over reaching .Can 6 people misbehave with one member of association of 40 people.and throw a member out without consent of majority. Does any law /rule regulate such unregistered associations? if so kindly quote details.

Rgds

BSR

 
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Assistant Manager (Legal)

Dear BS Rangi Sir,

Since your body called " Officers association" is unincorporated and unregistered you have no case.  However, if  there is personal enemity or your terms are hostile indulged with fighting, manhandling and insulting causes injury to your status and physical threats then there is remedy of criminal compliant can be lodged with a evidences and witnesses against the accused persons.

 
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Due to some other rift of past, these guys are hell bent  to insult me. I will wait for another month and see if they repeat.I will then collect  evidence and try and save my honour. Yeh  Mouchhe Ki Larai hai. 

 
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Dy Director

What is the cast of affected col. Is he sc/st. 

 

If yes then action under non-balable provisions of untouchability act can be considered by his counsel.

 
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Dy Director

"General calls meeting of his coterie (some officers) in his house and these few people pass resolution that Col BSR should not be invited to next party.This direction was passed onto one of the host and other host was not informed.One of the stipulation was that if BSR is called then they will not come for party"

 

Like khap panchayat of illiterate villagers?

 
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