Sections: 499 and 500 of ipc
Dr. MPS RAMANI Ph.D.[Tech.]
(Querist) 04 July 2015
This query is : Resolved
In our co-operating housing society there a person who is not any kind of member. His father is a member. But the son forcibly attends General Body meetings and disrupts the meetings. Once the managing committee even had to hold GB meeting under paid police protection. He creates problems in other manners also. He is a habitual litigant and goes to court at the drop of a hat. Our managing committee wrote to his father requesting the father to restrain him. The letter only contained things he actually did. The letter was placed on the notice board. Now the person has filed a defamation case under IPC: 499 and 500 and the Managing Committee members had to get bail paying Rs.5000/-each. Actually the charges are frivolous and trivial. But it is sufficient to harass the "accused" for years. Is there a quick remedy for this?
muhammed shahbaz cn
(Expert) 04 July 2015
Hello sir, ipc 499 is defamation which an act intend to harm any person's reputation by words,publish, signs or visible representation, if he is not a member and using the power of his father its you can file a suit against him for Ipc section 441 which is criminal trespassing, The cooperative societies act of 1912 section 47 (2)saysWhoever contravenes the
provisions of this section shall be
punishable with fine, which may
extend to fifty rupees, and in the
case of a continuing offence with
further fine of five rupees for each
day on which the offence is
continued after conviction therefor. So absolutely the justice will be witg your side, thank you
muhammed shahbaz cn
(Expert) 04 July 2015
Also section 47(1) denotes, No person other than a registered
society shall trade or carry on
business under any name or title of
which the word �co-operative� is part
without the sanction of the 1 [State
Government):
Provided that nothing in this section
shall apply to the use by any person
or his successor-in-interest of any
name or title under which lie traded
or carried on business at the date on
which this Act comes into operation. So members have only the power, seek a nearby lawyer and the justuce is yours
Rajendra K Goyal
(Expert) 05 July 2015
Cases against you or members of the society has to be defended.
Offensive approach should be adopted agaist such person by lodging cases against him.
