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aadeshroy   02 April 2015

Criminal defamation

Respected members,

 

I would like your guidance on filing a criminal defamation case by appearing in person.

I would like to file the case on my own and would like the guidance of the forum members on documents and process followed in filing case in court of law.

Background of the matter:

I stay in a housing society of Bhayander, dist. Thane. The society secretary and other office bearers are misusing their position and pocketing in large society funds. I have been raising my voice against such corruption and illegalities. I have been requesting documents of the operation of society operations for clarity on funds. However to hide all their irregularities they have been avoiding all such communication and does not provide any documents. Instead they just threaten to do whatever i can do. 

During a Special General Meeting last month, the secretary of the society while discussion on my grievance started shouting and abusing me. it was planned strategy of managing committee to supress my voice and any other voice by such tactics of humilating and insulting in front of society members.

Secretary used bad words like mother Fu*** son of Bi*** teri aukaat kya hai ! and he also made racist comment on specifying that my entire community is extortionist 

This was in presence of over 35 society members and all 6 managing committee members.

 

After this incident i sent a legal notice to the secretary demanding public and written apology, however he sent the reply from his lawyer that he never used any such language and that by sending him such legal notice I am trying to defame him.

I would like to file a defamation case on him and other managing committee members for their planned criminal conspiracy. Since Civil damage case will require heavy court fee, I would like to file criminal defamation case at present. I would highly appreciate If I can be guided on following:

1. My district court is in Thane, so should I file the case in thane court or can I file criminal defamation case in Bombay hight court?

2. Is there any format that I can get as a sample to prepare my documents for filing case in court?

3. Which is the competent court in Thane district court or bombay high court to file criminal defamation case?

4. Is there any sample copy of defamation plaint which I can use as guidance?

Would highly appreciate your guidance on the matter.

Best regards,

Aadesh

 



Learning

 9 Replies

Advocate Ravinder (Advocate/Attorney)     02 April 2015

1. My district court is in Thane, so should I file the case in thane court or can I file criminal defamation case in Bombay hight court?

--The territorial jurisdiction for your case will be at Thane only where the cause of action arose.  You cannot file at Bombay High Court.  The other  option is at the place of  Defendant. 

 

2. Is there any format that I can get as a sample to prepare my documents for filing case in court?

---I will try to find out. You call me.

 

3. Which is the competent court in Thane district court or bombay high court to file criminal defamation case?

--Answered in above Point No.1.

 

4. Is there any sample copy of defamation plaint which I can use as guidance?

---Answered above.

 

Note--It is better to file both civil and criminal cases at one time.  Both the cases will be strengthen.

1 Like

aadeshroy   03 April 2015

Dear Ravinder Sir,

 

Thanks for your reply. Can you please guide on following:

1. There are following courts in thane:

    District Court, Session Court, CJM, Jmfc court-1, Jmfc Court 2

Where should I file my criminal defamation case

2. Civil case - I also would like to file Civil case, however the court fee is too much . I understand that If I file a civil defamation case for an amount of Rs. 25 lacs, I will have to pay a court fee of 5% on that amount. Please advise if I am wrong or if there are other ways if a civil case can be filed.

thank you & best regards,

Aadesh

Advocate Ravinder (Advocate/Attorney)     03 April 2015

For criminal defamation you have to file in Judicial first class magistrate.  Relating to civil defamation you have to file according to your claim.  If you file for 25 lacs, you have to file in Dist Judge court.  What you are saying 5% is wrong. Approximately it will be 1% on the claimed amount.  If you claim Rs. 25 lacs, the court fee you should pay rs. 25,000/-.

1 Like

T. Kalaiselvan, Advocate (Advocate)     08 April 2015

A private complaint u/s 500 IPC can be filed in the jurisdictional magistrate court, take the help of a local advocate to draft the complaint.

AMAN KONARK MODI   30 June 2016

DEAR PLEASE PROVIDE ME THE JUDGMENT OF THE DEFAMATION AS TO BE FILED IN CASE OF 499 IPC FOR AGAINST FALSE 498a CASE IN WHICH GET ACQUITTAL TO BE SUED ON WOMAN WHO FILE FALSE FIR AGAINST PERSON

SUPREME COURT JUDGMENT

BOMBAY HIGH COURT JUDGMENT PLEASE

AS I AM UNABLE TO FIND THEM

PLEASE HELP IN BY PROVIDING THOSE JUDMENT COPY IN PDF PLEASE

LLOKING FORWARD FOR YOUR KIND COOPERATION, HELP HOPE AND GUIDANCE PLEASE


Attached File : 356657 20160630154133 662140481 notings.pdf downloaded: 174 times

Kanu Patel   24 March 2018

mr. Aadesh,

Pls call me i also same victim of our soc & MC we can get togather co-op with each others helping and fight for right 

 

09324584461

 

Kanu Patel   24 March 2018

Dear sir,

 

i m also same victim as mr. Aadesh, and i also from bhayandar Thana dist, i also want to file criminal and defamation against of MC and Society, 

casn i have your contact no. ? 

 

Sudhir Kumar, Advocate (Advocate)     25 March 2018

Originally posted by : aadeshroy

Respected members,

 

I would like your guidance on filing a criminal defamation case by appearing in person.

I would like to file the case on my own and would like the guidance of the forum members on documents and process followed in filing case in court of law.

Background of the matter:

I stay in a housing society of Bhayander, dist. Thane. The society secretary and other office bearers are misusing their position and pocketing in large society funds. I have been raising my voice against such corruption and illegalities. I have been requesting documents of the operation of society operations for clarity on funds. However to hide all their irregularities they have been avoiding all such communication and does not provide any documents. Instead they just threaten to do whatever i can do. 

During a Special General Meeting last month, the secretary of the society while discussion on my grievance started shouting and abusing me. it was planned strategy of managing committee to supress my voice and any other voice by such tactics of humilating and insulting in front of society members.

Secretary used bad words like mother Fu*** son of Bi*** teri aukaat kya hai ! and he also made racist comment on specifying that my entire community is extortionist 

This was in presence of over 35 society members and all 6 managing committee members.

 

After this incident i sent a legal notice to the secretary demanding public and written apology, however he sent the reply from his lawyer that he never used any such language and that by sending him such legal notice I am trying to defame him.

I would like to file a defamation case on him and other managing committee members for their planned criminal conspiracy. Since Civil damage case will require heavy court fee, I would like to file criminal defamation case at present. I would highly appreciate If I can be guided on following:

1. My district court is in Thane, so should I file the case in thane court or can I file criminal defamation case in Bombay hight court?

2. Is there any format that I can get as a sample to prepare my documents for filing case in court?

3. Which is the competent court in Thane district court or bombay high court to file criminal defamation case?

4. Is there any sample copy of defamation plaint which I can use as guidance?

Would highly appreciate your guidance on the matter.

Best regards,

Aadesh

 

 

 

Are you sure that the socieity members will go to court and deepose in your favour.  anyone signed any affidavit so far?

Sudhir Kumar, Advocate (Advocate)     25 March 2018

Originally posted by : AMAN KONARK MODI
DEAR PLEASE PROVIDE ME THE JUDGMENT OF THE DEFAMATION AS TO BE FILED IN CASE OF 499 IPC FOR AGAINST FALSE 498a CASE IN WHICH GET ACQUITTAL TO BE SUED ON WOMAN WHO FILE FALSE FIR AGAINST PERSON

SUPREME COURT JUDGMENT

BOMBAY HIGH COURT JUDGMENT PLEASE

AS I AM UNABLE TO FIND THEM

PLEASE HELP IN BY PROVIDING THOSE JUDMENT COPY IN PDF PLEASE

LLOKING FORWARD FOR YOUR KIND COOPERATION, HELP HOPE AND GUIDANCE PLEASE

  Open a seperate thread giving facts of the case. 


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