If party does not respond!
Aarti
(Querist) 11 July 2011
This query is : Resolved
Hi,
I wanted to find out if my advocate sends a legal notice to the opposite party and the opposite party does not respond to the same within 15 days... notice is under sec 500 IPC. what could be the reason for the same or can we press further charges against the opposite party?
Plz guide
Thxs
Santosh Nawale
(Expert) 11 July 2011
yes,if opposit party not responding then it will be binding on opposit side.& party will be responsible for punishment.
Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
R.Ramachandran
(Expert) 11 July 2011
HAving issued the notice, and having not got any response, you have to approach the Court. Otherwise, your notice will only be an empty threat.
prabhakar singh
(Expert) 12 July 2011
Expert R.Ramachandran has rightly opined.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 12 July 2011
No response means not admission. On the other hand by response the other party binds him or her self.
If no response you have to prove by evidence and if not able to do so it will amount to criminal offense on your part.
Rajarshi Bhowmik
(Expert) 12 July 2011
Now you should file a complain petition u/s 200 crpc before the Ld C.J.M./A.C.J.M. Court and then if there is merit Court will issue summon the opposite party and if the opposite party declines to appear then Court may issue warrant of against the O.P.
dev kapoor
(Expert) 13 July 2011
A Legal Notice is necessary & must be served before any action is initiated.If S.500 does not require the service of a notice,it does not make any difference if he replies or not.I believe there is no such requirement of S.500.So,no additional iaibility can be fastened on the said person alleged to have caused defamation.Go ahead File a complaint.
