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shrikant v. sathe (retired)     20 September 2024

Defamation case

Can a co operative bank loge complaint of defamation in court  on  some shareholder with no proper ground?



 7 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     20 September 2024

Without any ground how can one file a case in court?

T. Kalaiselvan, Advocate (Advocate)     21 September 2024

Nobody can file any case against another without any reason especially an organisation like this.

Dr. J C Vashista (Advocate )     21 September 2024

No case of defamation can be slapped by a Bank since the subject of defamation is a personal issue whereas Bank is an institution.

Whether it is proposed or actual civil or criminal defamation case being put in the facts of the question, if the facts posted may be presumed to be true ?

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     21 September 2024

Yes, it is possible to file a defamation case against an institution. Defamation laws in India, as stated in the Indian Penal Code (IPC) and the Civil Procedure Code (CPC), allow for legal action against both individuals and entities, including institutions. To succeed in a defamation case against an institution, you would need to prove that: 1. The institution made a statement or published content that is defamatory. 2. The statement or content was about you or your business. 3. The statement or content was published to a third party. 4. The publication caused harm to your reputation. Keep in mind that institutions, like individuals, have the right to free speech and expression. However, this right is not absolute, and they can still be held liable for defamatory statements or content. Before filing a case, consider the following: 1. Consult a lawyer specializing in defamation law. 2. Gather evidence of the defamatory content and its publication. 3. Show how the publication caused harm to your reputation. 4. Be prepared for a potentially long and complex legal process. Remember, defamation laws vary by jurisdiction.

Shrikant Sathe   21 September 2024

One of the member tried to give his grievance in the newspaper against the bank because he was forbidden by some other members to speak on the financial reports of the bank and the chairman did not take any action against those member in the Annual general meeting.This was the main cause.When the print media agentsmade a phone call to the bank regarding this,the bank stopped them from publishing the letter of the suffered member.Then the bank sends legal notice to the suffered member and two members who  were not at all concerned with the press note.Is this the way of the bank to behave towards their members.What steps then the aggrieved members should take?The bank has demanded an apology from them.Otherwise they have demanded Some crores of rupees from the aggrieved members in the legal notice.Is this some sort of extortion?What steps members members should take in this situation?

Dr. J C Vashista (Advocate )     22 September 2024

What is the greivance of the member against functioning of Bank i.e., alleged financial report qua irregularity, which the member got published in newspaper ?

When the member was forbidden by Society (on behalf of the Society) to speak any issue of financial report against the Bank , why did he (member) got it published, which implies that he has proceeded in his personal capacity, isn't it ?

What is the role / authority of Chairman of Society  while deliberating the issue in Annual General Meeting of Society against such irritant member, ?

Why did he (member) not attempt to settle the issue with Bank, if there was a proposal from Bank to sort out the problem ?

The facts posted are still vague and confusing. 

It is better to contact and consult a local prudent lawyer with relevant records for appreciation of facts, professional advise and necessary proceeding.

Shrikant Sathe   22 September 2024

Sir,

     The chairman of the bank did not

 keep safe to the member from the assaulter members.This was the main reason of him for an attempt to publish it in the newspaper.But when the reporters asked this to the bank,bank stopped it from publishing and then demanded damage amount from the member involving some other members also who were not at all concerned with the publishing the material against the bank.Can the bank go in the court?


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