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Quresh Taiyebi (Service)     19 August 2009

Defamation

 

Hi all respected experts,

 

I, along with other four resident members of the society, have been defamed by the managing committee of the housing society of 500 plus members and having turnover of Rs.50 lacs PA where we all reside through a letter dated 04-Aug-09 in Marathi addressed to the Deputy Registrar, Co-op. Housing Societies, Pune and the copy acknowledged by the office of the Deputy Registrar along with English texts displayed just four days before the annual general meeting to be held on 09-Aug-09 on the notice boards of the society.

 

I have been involved in correspondence for information with the chairman/secretary of the society, the matter which was later pursued jointly with other four members.

 

In the above said letter in Marathi, we have been referred to as of quarrelsome nature (takraarkhor vruttiche) and also our letters/requests regarding the financial matters and the M-20 bonds in past were termed as frivolous.

 

Display of such internal correspondence can be considered as motivating the majority of cognizant members to refrain from participating in the AGM and thus passing financials and resolutions at the will of MC by averting legal objections by few of stranded minority members like us.

 

In view of above, I would request you to please answer my following queries:

 

1.      Whether I can singly file both criminal and/or civil cases?

2.      Whether all 8 out of 10/11 MC members who have signed on the said letter can be sued singly/jointly?

3.      Is there any limit of minimum/maximum cap for the amounts sought as compensation?

4.      Is there any justification required for amounts sought as compensation in line with the status of plaintiffs?

5.      Whether a police complaint is necessary before filing a case in the courts and under which act/laws?

6.      Which courts the case can be tried in? Judicial First Class Magistrate or Metropolitan Magistrate?

7.      What is the time limit to file the case?

8.      Can you furnish the details of lawyers specializing in defamation suits in Pune?

9.      How long such cases take normally to finalize?

10.  It will be helpful if you can cite any similar recent High Court/Supreme Court judgments.

 

Kindly advice me.



Learning

 2 Replies

Kshiteej Anokar (Advocate)     20 August 2009

1.      Whether I can singly file both criminal and/or civil cases?

You alone can file criminal and civil cases.

2.      Whether all 8 out of 10/11 MC members who have signed on the said letter can be sued singly/jointly?

 First u have to issue notice setting out your grievances against all of them and then after receipt of the reply if any we can take the action in the court of law accordingly. If you give details I can issue notice for you.

3.      Is there any limit of minimum/maximum cap for the amounts sought as compensation?

Though there is no limit on the amount of compensation but it should not be evasive

4.      Is there any justification required for amounts sought as compensation in line with the status of plaintiffs?

Certainly

5.      Whether a police complaint is necessary before filing a case in the courts and under which act/laws?

I t is not necessary u can take direct action

6.      Which courts the case can be tried in? Judicial First Class Magistrate or Metropolitan Magistrato

Civil Judge Jr. Division or sr division

7.      What is the time limit to file the case?

One year from the date of knowledge

 

8.      Can you furnish the details of lawyers specializing in defamation suits in Pune?

Sanjay kolhe Adv.

But no details available it is necessary can be given

9.      How long such cases take normally to finalize?

Approximately 2 years

10.  It will be helpful if you can cite any similar recent judgments.High Court/Supreme Court

Not necessary at this time

 

1 Like

Raj (fr)     06 October 2013

Is there any way to calculate the Civil defamation amount.Or it is just a lumpsum amount.

Please help me know the basis of calculation.
Rgds,
Raj
 

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