False accusations & wrong information
Querist :
Anonymous
(Querist) 15 September 2011
This query is : Resolved
In a case filed in the civil court a co-operative society has made some false accusations of playing fraud & fabrication while applying for a membership of a recreation centre controlled by the society, in their counter filed in the court, they have also given wrong information that there was a criminal case filed against me, when there was no such case filed.
under the the circumstances please suggest ways to take up the issue to prove their charges to be incorrect and also suggest if a defamation case is advisable.
prabhakar singh
(Expert) 15 September 2011
In civil cases the burden of proving a fact lies on party pleading the fact,then let them
first come with positive proof of allegations,as if a criminal case was filed then to prove that one needs to file copy of FIR,action taken thereon,Final report/charge sheet,trial,conviction or acquittal order etc. A defamation case is not advisable at once.
Raj Kumar Makkad
(Expert) 15 September 2011
I disagree with prabhakar singh. Wrong facts if not resisted with all legal weapons immediately after having knowledge, can prejudice the mind of judicial megisrate and may also defame such person falsely and malafidely alleged and defamed. You should immediately file an application under section 340 Cr. PC to try such signatory of defendant for filing wrong information and affidavit.
prabhakar singh
(Expert) 15 September 2011
But Mr. Makkad the case going on is a civil one.No criminal proceeding is going on.
Chanchal Nag Chowdhury
(Expert) 15 September 2011
Check the co-operative society law in your State. These laws generally bar the jurisdiction of the civil court in matters relating to co-operatives.
The civil case is therefore, without jurisdiction.
prabhakar singh
(Expert) 15 September 2011
Jurisdiction of civil court would be barred if the litigation or dispute is between two members of a co-operative society or between member and co-operative society.
Querist :
Anonymous
(Querist) 15 September 2011
does it come under perjury ?
girish shringi
(Expert) 16 September 2011
If no such criminal case was ever registered against you and you like to fight aggressively you can file criminal defamation case against the responsibles.
