Defamation case
Janhavi Mantri
(Querist) 06 February 2012
This query is : Resolved
rom,
Janhavi Mantri
Gopchar Co-op. Hsg. Soc.
Mumbai - 400018
I am a member of the above mentioned society. Last year I had made a complaint against the society committee for several irrregularities , no bonds were submitted ect. I had made a compliant with deputy registrar. Registrar called them for meeting. The committe members did not come. Instead they filed their written reply. They stated in their written reply that I am a criminal minded lady and i made a drama to comitt suicide. Also there are sevaral complaints in various police stations against me and my family members. this is baseless. I had sent notice through a lawyer for written apologoly. in the reply they said whatever we are saying is right. The copy of this reply they have circulated to deputy registrar, joint registrar, ministry and federation.
Now I have filed the defamation case against them in the criminal court but they have gone to the high court under section 482. Can they really do that? What should I do? What would be the outcome?
Regards,
Janhavi
R.Ramachandran
(Expert) 06 February 2012
Very simple. If the HC finds that the grounds stated in the petition u/s. 482 are believable the HC will grant the petition, otherwise not. Whether the HC finds the basis for petition is sound or not only time will tell. You and I have to wait.
ajay sethi
(Expert) 06 February 2012
jahanvi
in every society there are disputes . it is better to resolve disputesamicably .
if emmbers have not executed indemnity bond the managig committee would have been dissolved and administrator appointed .
it tis true that false allegations have been made aginst you and you were right in issue of legal notice to them .
reach an amicable settlement as you have to stay in same society . make an offer that committeemembers shall withdraw the allegations and you will withdraw the defamation suit .
it will show you are magnamious in victory and will teach the committt members a lesson .
Deepak Nair
(Expert) 06 February 2012
They are entitled to approach the High court.
What you can do is to defend the said petition on its merit.
The outcome depends on facts of the case, evidence produced by the parties etc. If the court finds that the grounds for filing the defamation case are strong enough, then the petition of the society will be dismissed and if the court finds the stand of the society to be true, then your defemation complaint will be qashed.
Sudhir Kumar, Advocate 
(Expert) 06 February 2012
You have already made then on run. You should have faith in system. You should put your view befoere High Court. If you are able to get them convicted they may be debarred from being office bearers. Society needs people like you as the trend is that the office beareres of RWA and Housing Societies develop a feudal tendacy and at times they mistake themselves to have purchased the whose schme and the memebers being before them just like ryots before zamindar. THNMBS UP.
Janhavi Mantri
(Querist) 07 February 2012
Thank you for all the help. One more thing. The Hon. Judge from the lower court have made an observation that prima-facee it is a case of defamation of a woman and the next date is 24th Feb 2011. The committee members have really harassed me mentally.
Regards,
Janhavi
Shonee Kapoor
(Expert) 10 February 2012
All the best.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 10 February 2012
Co-operative Society born under non co-operation, continue working with non co-operation, and also dissolves in non co-operation.
If in a family of Two, HUSBAND AND WIFE who share bed and roof together, cannot live in co-operation, and fight in divorce court, how can one expect dozens of members from all over India to live together in co-operation, and peacefully!!
CARRY ON :
LONG LIVE THE DRAMA OF CO-OPERATIVE SOCIETY:
BOTH SOCIETY & YOU MAY BE UNHAPPY DUE TO THIS EVENT:
&
WHATEVER BE THE RESULT, ADVOCATE WILL CERTAINLY EARN & BE HAPPY.
Janhavi Mantri
(Querist) 23 August 2012
Further to my individual defamation case on 3 members , now they are spending money from society fund for this defamation case. They have spent 35000 this year. Can they use society funds for the case?
Regards,
Janhavi
Sudhir Kumar, Advocate
(Expert) 23 August 2012
No. Unless (I) authorised by general body and (II) you bye-laws having provisions for the same.
Otherswise they are criminally liable on the charge of Breach of Trust
S/ 406 IPC
Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 3 years and fine, or both—Cognizable—Non-bailable—Triable by Magistrate of the first class—Compoundable by the owner of the property in respect of which breach of trust has been committed, with the permission of the court.
Sudhir Kumar, Advocate
(Expert) 23 August 2012
S/45 of IPC
Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or willfully suffers any other person so to do, commits "criminal breach of trust".
1[Explanation 2[1]
A person, being an employer 3[of an establishment whether exempted under section 17 of the Employees' Provident funds and Miscellaneous Provisions Act, 1952 (19 of 1952), or not] who deducts the employee's contribution from the wages payable to the employee for credit to a Provident Fund or Family Pension Fund established by any law for the time being in force, shall be deemed to have been entrusted with the amount of the contribution so deducted by him and if he makes default in the payment of such contribution to said Fund in violation of the said law, shall be deemed to have dishonestly used the amount of the said contribution in violation of a direction of law as aforesaid.]
4[Explanation 2
A person, being an employer, who deducts the employees' contribution from the wages payable to the employee for credit to the Employees' State Insurance Fund held and administered by the Employees' State Insurance Corporation established under the Employees' State Insurance Act, 1948 (34 of 1948), shall be deemed to have been entrusted with the amount of the contribution so deducted by him and if he makes default in the payment of such contribution to the said Fund in violation of the said Act, shall be deemed to have dishonestly used the amount of the said contribution in violation of a direction of law as aforesaid.]
Illustrations
(a) A, being executor to the will of a deceased person, dishonestly disobeys the law which directs him to divide the effects according to the will, and appropriate them to his own use. A has committed criminal breach of trust.
(b) A is a warehouse-keeper. Z gong on a Journey, entrusts his furniture to A, under a contract that it shall be returned on payment of a stipulated sum for warehouse room. A dishonestly sells the goods. A has committed criminal breach of trust.
(c) A, residing in Calcutta, is agent for Z, residing at Delhi. There is an express or implied contract between A and Z, that all sums remitted by Z to A shall be invested by A, according to Z's direction. Z remits a lakh of rupees to A, with directions to A to invest the same in Company's paper. A dishonestly disobeys the direction and employs the money in his own business. A has committed criminal breach of trust.
(d) But if A, in the last illustration, not dishonestly but in good faith, believing that it will be more for Z's advantage to hold shares in the Bank of Bengal, disobeys Z's directions, and buys shares in the Bank of Bengal, for Z, instead of buying Company's paper, here, though Z should suffer loss, and should be entitled to bring a civil action against A, on account of that loss, yet A, not having acted dishonestly, has not committed criminal breach of trust.
(e) A, a revenue-officer, is entrusted with public money and is either directed by law, or bound by a contract, express or implied, with the Government, to pay into a certain treasury all the public money which he holds. A dishonestly appropriates the money. A has committed criminal breach of trust.
(f) A, a carrier, is entrusted by Z with Property to be carried by land or by water. A dishonestly misappropriates the property. A has committed criminal breach of trust.
