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Aparna Verma (EA to VCMD)     25 October 2013

Section 500 ipc

Hi,

My brother has sent me a legal notice u/s 500 IPC for defaming him. He alleges that I have spread rumors about him for having a veneral disease which has harmed his reputation in the eyes of his friends and family. He has sent this notice to put pressure on me and my parents to handover some property to him. He has been disowned and disinherited by my parents through a family settlement deed and which was executed between them a few years ago in which they paid him a huge sum of money and even gave a notice in newspaper for disowning him. In the notice he has sent me, there is no mention of how/ when/ through whom I have defamed him. He says that he will get witnesses who will give affidavits and thus prove the defamation charge. I have no idea whether he has any such disease or not as this is the first time I have heard about it through this notice and I have not even been in contact with him for so many years. Please advice how he can prove this defamation and what should I do in my defence?

thanks



Learning

 7 Replies


(Guest)

You yourself saying that the case is false as no proof of the said offence been caused then what is the reason for asking how he will prove his case.;)

Dear freind, False cases are only made for other party's harassment . If summon has been recieved then consult a lawyer and draft a say on his allegations and counter the same.

 

Laksraja (Boss)     25 October 2013

Wishes,

              Pls go through section  191,192,193 ,199 & 209,211 IPC with 499,500.

Aparna Verma (EA to VCMD)     26 October 2013

Thanks for your replies. Dear Laksraja, I will check out the sections you have mentioned.

Dear Every Sufferer.., no, there are no summons as yet, he has only sent a legal notice with all these allegations. The reason why I am asking how he can prove defamation is because he has verbally threatened that he will get some witnesses and submit their affidavits. Now obviously as the allegations are false, he will also get false witnesses, so I want to know how should I defend myself and what should I do in that case?  Hope you can guide...

Reformist !!! (Other)     26 October 2013

fight the case on merits ....... as sufferer said, false cases r just for harrasment....so no need to worry

Sudhir Kumar, Advocate (Advocate)     27 October 2013

I tend to fully agree with experts above. I further observe taht even if one has VD at least his sister cannot know of the same and if she knows she cannot run the risk of her own reputation by acknowledging such knowledge for the sake of "rumours" which he claims to have been spread. I believe that some more action may be underway against him and in a bid to keep you busy he may be making such allegation. Keep Cool unles you have really done something wrong.

Adv. Chandrasekhar (Advocate)     27 October 2013

If you can afford engage an advocate and reply to his legal notice denying his allegations.  If he does not deter to your legal reply to his notice, he has two options - criminal defamation or civil defamation.  In criminal defamation, he has to lead evidence from his side at the first instance and satisfy the court that really such a cause of action is lying there and then only court will summon you.  As these are false charges, by appropriately cross examining him and his witnesses your advocate can bring out the truth.  If it is civil case, again your advocate will prove those allegations are false by appropriately cross examining his witnesses.  Any how, do not worry.  But at any cost, do not succumb to the pressure to part with the property if he is not entitled to property.

Aparna Verma (EA to VCMD)     27 October 2013

Thanks so much for all your replies, they are really helpful. Yes, I have decided to engage a lawyer and fight the case on merit. As I am 7 months pregnant and been on bedrest for last few months and did not really want to get myself and my parents into all the legal hassles, I was just trying to see if I should even bother to respond to this false and frivolous notice and if he even has a case... Anyways, I guess it's best that I show him that we are not cowed down by his tactics. I am grateful to all of you to show me the way. Regards


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