adv. rajeev ( rajoo )'s Expert Profile

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Raj says : Cyber defamation
Hi, I will explain a situation. The first email is being sent out by my cousin sister, who has got married to my cousin brother and my cousin sister has vexed out with the attitude and behaviour of my cousin brother and has come back to her home and now not living with my cousin brother. As our family is being relative to both of them, we wanted them to mutually settle and make them live together, however, my cousin sister is not ready to live with my cousin brother. Even though both have flaws on themselves, they are pointing out each other and my cousin brother has filed a petition in court for reunion, however, my sister is not ready to live with him.Already 4 hearings have passed away and they are not living together for nearly 10 months. In between my cousin brothers mother called up my father and has used oral words defaming my family by connecting my mother with my cousin sisters father, which we got really annoyed as my cousin brothers family thought that we are the family who are stopping my cousin sister from living with my cousing brother, which is really untrue. This made me worry and they have started to propogate this to all my family members, which really made me annoyed and I sent an email to my family members ( Forwarding my cousin sister email addressed to my cousin brother telling that she got vexed living with my cousin brother in just 45 days of her married life ), along with I mentioned few points where my cousin brothers mom has behaved very badly and I have asked some questions about my cousin brother and about cousin brothers mom like loose legs, not having guts, stupid, etc, however, I havent used any unparlimentary words. My cousin brothers mom, after 1 month, took this to police station stating cyber crime and called me for an enquiry and this got mutually settled by asking apologies. Now , after 5 months, again, my cousin brother mom has sent me a legal notice stating that its a defamation. My questions are now is : 1. Will this become double jeopardy ? but there is no proof with me that we have went to police station for enquiry 2. Will this be a defamation as even though everything I did in good faith, asking my family members to advice my cousin brothers family as they started speaking volgourily to my father orally ( no proof ) but its true, but they have the copy of letter which I have sent to my family members, where I have addressed to my cousin brother and cousin brothers dad and marking bcc to all my family members, where I have even stated that I marking all you in bcc as I dont want to spoil your relationships with my cousin brothers family. 3. What are all the points I could state from my side ? 4. Is it worth for me to put a defamation case against them ? 5. They are now asking for 11 lakhs as they are stating that this has caused an irrepairable loss for them. What can i do now. advice me on this asap ! Give me points if possible.. Many thanks in advance, Best Regards...

Md Abdul Kadher says : SC/ST Act
Dear Sir, I want to have some clarifications regarding the above subject. 1. Whether is it possible to file a case under SC/ST Act, Sec.3(1)(X)when an incident occurs in a private building? In the recent judgement of Madras High Court it was stated that even if the offence occurs inside before some friends and relatives it is enough and there is public view which is an offence. Whether it is correct? 2. The Bombay High Court had given a judgement in Crl.W.P.No.2593/2008 (Mrs.Pushpa Vijay Bonde vs. MH state police) that the complainant should have mentioned in his complaint had told the accused that he belongs to SC/ST community and if there was no mention in his complaint and deposition it was not an offence under Sec.3. It had cited the Apex Court judgement Ashabai Machindra Adhagale's case. I want to get a copy of the above Apex Court judgement. How can I get it? 3. SC/ST Rule 7(2) it is stated that the investigating officer should complete the investigation within 30 days. As per records he had obtained depositions from the Prosecution Witnesses on the next date of FIR (26.02.2009), obtained the deposition from one PW (Tasildhar) on 05.07.2004 regarding the community of the accused and filed his charge sheet in the JM-II court on 06.07.2004. The investigation conducted beyond 30 days is against the said rule. Whether my contention is correct? I shall be thankful if my queries are answered. MD ABDUL KADHER, TN

Lawrence William says : anticipatory bail in 467 & 468
Dear Sir, I worked for a vernacular newpaper for 5 years.Recently i resigned and joined a rival group of newspaper. The previous employer had warned me not to join,or face dier consiquences.i have a phone tape of the treat given by a Sr person of the previous employer. The previous employer has filed a criminal complain under IPC 420,467,468,112-8. stating that I have made forged released order of advertiments and cheated the newspaper. They also joined hand in glove with one advt agency to frame the charges.The reason for this complain is to fulfill their malafied intention to defaim me and counter blast my opinion to join the rival group. i was never ever given a single memo during my five years tenure with the company. Infact i have lots of credentials to support my professional capacity while i served in the company.I have applied for anticipatory bail in sessions court. What are the chances of success? I am on leave, not going to my new office fearing arrest. Please advise. Regards Lawrence William

Mayank Singhal says : need help badly
hi i am mayank kumar and my dad and his two brothers were directors in a private ltd company and just 1 year back my dad resigned and i joined the directorship in his place same with my uncles and their sons. now we three cousin brothers are the 3 directors in this company. but now the other 2 directors are not letting me use the companies assets . is there any law with which i can file a case against the company or the other 2 directors and just get the money worth of my share in the company ? please reply thanks in advance

Deepak Yadav says : resolution adopted by Bar Council of India
can i get the copy of Bar Council of India resolution adopted in April 2006, Rule 49(1)(j) of the Advocates Act requesting lawyers to address court as honourable court instead of your LORDSHIP. or any other material concerning the same.it would be of great help. Deepak

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