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Veerendra   05 December 2023

Labelling the deputy registrar as corrupt without any proof / what are my legal options ?

Dear all eminent lawyers, 

Here is my history in brief :-

  • The apartment was in my father name. He transferred it to me via a registered sift deed. However society was not admitting me as a member .
  • I had to approach the Deputy Registrar for membership. After 9 months of litigation & hearings the deputy registrar gave the judgement in my favour & instructed  the society to admit me as a member.
  • After 4 months after the order , the society went to the joint Divisional joint  registrar for appeal & asked for delay condonation.

Now in the Revision application the learned lawyer of the opposite side has made these assertions ( the contentious assertions are made in capital by me )

  1. During the pendency of the said Dispute application the Respondent No 2 WITH COLLUSION of Respondent No 1 USED BACKDOOR TACTICS to obtain the impugned order u/s22(2) of the MCS act 1960 just to harass the applicant society and it's managing committee members.
  2. It will not be proper to grant membership to him which was DELIBERATELY ignored by the Respondent no 1 authority and passed the impugned order

Ground

The LD respondent no 1 has passed the impugned order ILLEGALLY, hasty and without application of mind.

The Ld respondent no 1 has passed the impugned order WITHOUT CONSIDERING AND APPRECIATING BASIC AND FACTUAL POSITION that the society communicated their decision to Respondent no 2

The Ld Respondent no 1 ought to have given sufficient time to the applicant society to file it's reply and defend the case ,and without giving such the Respondent no 1 HIGHHANDEDLY AT THE BEHEST of the Respondent no 2 issued impugned order

That the Respondent no 2 SUPPRESSED THE VITAL AND MATERIAL FACTS AND DID NOT APPROACH WITH CLEAN HANDS before the Respondent no 1 and therefore the Ld Respondent no 1 have no authority to grant relief to Respondent no 2

At any rate the fact remains that the impugned order passed by Respondent no 1 is improper, illegal, bad in law, void-ab-initio untenable and hence liable to be quashed and set aside

Now my queries:

  1. Everyone has a right to appeal but can he label the quasi judicial authorities as corrupt

Appeal should be on basis of legal points only

  1. Now how and where can I approach the law on these points? Do I file a civil defamation suit or a criminal defamation suit or something else
  2. What other legal options are available to me .

Hope to see a lot of responses and many thanks in advance for the same.

Regards,

 

Veerendra Darakh



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     06 December 2023

1. The appellant has not mentioned the Dy. Registrar as 'corrupt' anywhere in his memorandum of appeal, hence you do not read between lines to make your own understanding of the terms used.

2. Since he has blamed respondent 2 for indulging in such practices which is per se defamatory, the respondent can file a criminal defamation case before the judicial magistrate court or before the civil court for damages 

1 Like

Real Soul.... (LEGAL)     06 December 2023

Whosoever drafted that will be in trouble as he is making allegation without any proof and that is really serious. It has consequences both civil as well as criminal. Such a statement is intimidating and the Dy. Reg. should  file defamation as well as criminal complaint.

1 Like

Veerendra   06 December 2023

Thank you  for your responses.

I would appreciate if their are some more responses.

I would like to know

a.Whom do I make the respondent in the proposed civil defamation case?The secretary of the society or the lawyer or both? I think I would want to file a civil defmation case .

b.What is the trajectory of the civil defamation case in India? Is it worthwhile filing a civil defamation case in India ?

c Can I complain against the lawyer to the bar council against the lawyer for making allegations against quasi judicial authorities.

 Any other input/suggestions/comments would be greatly appreciated.

Hope to see more responses and thanks in advance.

Regards 

Veerendra Darakh 


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