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action to be taken for baseless allegations in legal notice


Dear Experts,

I got a legal notice with the following allegations:

(1) All of you (four members addressed) colluded together to grab the notice schedule property came to the property yesterdat (22 Oct 2019) and made attempts to lay a fencing around the property.

(2) The persons who came there is forking their names and descripttive particulars of them and thereby threatened our client to occupy the schedule property at any point of time.

The FACTs are:

(1) On particular day I was not at all present on that location. I was actually staying in Hyderabad which is 500 Km away from the claimed location. I can also proove that I was in Hyderabad, because the same day I had a doctor's appointment in Hyderabad. Not only me all other members mentioned in the Legal Notice are not present in that location or village or place.

What action I can take for the baseless allegations?

(1) Is the allegation be considered as criminal or civil in nature?

(2) Can I ask for unconditional apology for the baseless allegations?

(3) Can it be considered as a damage and can I file a Suit?

Please suggest

Thanks in Advance

 
Reply   
 

(1) Both civil and criminal.

(2) You can.

(3) You can.

But I doubt once you ask them for apology and if they apologize, (1), (2) and (3) above won't be applicable.

 
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High Court Advocate IPR Attorney and RTI Activist

Dear Sir,

 If you consider the said legal notice as a concorted story, immedaitely do serve a reply legal notice by stating the relevant facts.Failure to provide reply to the said legal notice may be deemed acceptance.

Hence take necessary action at earliest.

Regards

Balachander Reddy

Advocate

9959850723

Hyderabad

 
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Scientist/Engineer

Being at a different place than the scene of an alleged action is called alibi in law. An alibi, if proven is best defence.

 
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Lawyer, Scholar

(1) Send a reply to the notice by Registered Post setting out that all the allegations contained in the notice are false and mischievous. State that you reserve the right to i itiate appropriate legal proceedings for sending such notice and to claim damages. Seek costs of drafting the reply from the counsel. Seek apology from the senders of the notice.

(1) If it is a notice in a enlosed in a sealed envelope addressed to you and the allegations contained therin have not been disseminated to third persons or to the general public at large, no civil or criminal cause of action has arisen in your favour merely by virtue of that notice alone.

(2) You can ask for an aplogy but don't expect any.

(3) No point. See #1. You can seek costs of lawyer for drafting the reply but that won't be coming either. Filing a suit for recovering the same would be ill advised and would be a case of throwing good money after bad money. If the notice has not been disseminated to third persons, you cannot he said to have suffered loss of reputation either and therefore there is no cause for damages.

 
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Lawyer, Scholar

Since the edit post option here works like a charm :/ here's a modification to my answer to #1: If you mean whether the allegations are of a civil or criminal in nature, TGK Reddi is correct. The allegation implies that you have committed both a civil injury and a criminal offence. If, on the other hand, you mean whether the act of making this baseless allegation against you constitutes a civil or criminal wrong, the answer is no, it's neither.

 
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