Defamation
Can one of the lawyer friends in this circle please in simple terms define under what circumstances can someone file a valid defamation suit.
Is calling someone out who is not paying his dues to the residential society as a defaulter a valid ground for that individual to file a defamation suit? more
Is calling someone out who is not paying his dues to the residential society as a defaulter a valid ground for that individual to file a defamation suit? more
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Probably not. Where a man suffers financial loss because of the action in the manner to harm the reputation of a man can be a ground to a defamation case. I presume. Though I am not a lawyer. My submission is as a layman. Madhu. more
Mar 28
No. Calling someone as defaulter who is not paying his residential dues is not a defaulter, however if you bullies him / her, he or she may feel bad about it, but definitely of course he can not go and file a Suit for Defamation on this point. Even courts also ordinarily does not entertain such petitions only on the said ground alone unless the petitioner therein shows something more concrete. more
Mar 27
A lot many good points have come out in the above replies. However, it looks; the main question has not been clearly answered. First thing first. Defamation suit is not always entertained by courts. They see whether there is merit or it is just of intimidation. So someone approaching court with defamation suit does not necessarily mean it will be accepted. Secondly, if someone is really a ‘defaulter’(and you can prove that by facts, figures and records) and you have called him/her so, it will never be a defamation. Defamation is only when you ‘falsely’ accuse someone in ‘public’ of a wrong which he/she has never committed, and which has tarnished respect and honour of the accused. Thirdly, defamation is only when you have said defamatory false things in ‘public’. Anything said in private is not defamation. It can be anything else. There are separate provisions to deal with such cases. more
Mar 27
I am not a lawyer, but as per my understanding, technically any person can go and file defamation suite against anyone. Of course, whether the courts entertain the suite or not is another issue. And for completely pointless suite, court can order compensation also to the person against whom suite is filed. Problem with this system is that it can be (and it is) used as harassment tool since ordinary persons are scared of courts and legal issues. And this would also lead to needless legal expenses and wastage of time. Of course, in your case the defaulter probably has no valid ground especially if you have followed all due process - meaning sent the notices to defaulter before using the naming and shaming approach and copied RCS in those notices. But as I said, as per my understanding the person can definitely engage a lawyer and file defamation suite. If the action of naming and shaming has been taken in official capacity then it should be the responsibility of society to defend the official. Having said this, RCS Act clearly provides the required process for collecting society dues from any defaulter. It requires society to first send 3 notices to defaulter (with copy to RCS) and if dues are not cleared, ask RCS to initiate the proceedings against the defaulter. It would require a bit of follow-up with RCS but I have seen RCS issuing notice to SDM to go and take defaulter into custody unless he clears the due immediately. Not sure what actually happened subsequently. more
Mar 27
without sounding cynical,law defines verbal/visual abuse at par with physical rape,but women owners of flats are routinely threatened by well connected property mafia with one boss and women siding him,because these women have been promised a moon through legal fights created by builder-she vs. her own children or siblings. builder does pass comments,refuses access to common areas,denegrates the single mother who is working to raise her daughters all alone,poisons the servants against her etc etc. but truth and confidence have more powers than our police and the courts. take few people along and try your luck. more
Mar 27
