Dear Client,
This will not come under defamation but criminal intimidation. File criminal complain.
Defamation
Respected lawyers, one of my relatives was made as my representative during gentlemen agreement( cartel) to collect my long pending money from my relatives. this was also mentioned in the agreement on rs 100 stamp paper. After one year,my nominated representative got the money from my relatives and kept with him for more than one month. with a great effort i got the money from my representative through RTGS. after some time, my representative and my relative colluded and my representative gave a legal notice to me saying that i have gone through a sale agreement of my land for which he has paid some amount through rtgs and asking us to register the land.This is totally imputation.And he had abused over phone. my lawyer answered very strongly by threatening that he will face forgery/criminal proceedings it it proceeds further.i received legal notice on 25-08-18. In this regard, can i move for defamation for abusing over mobile phone, also abused in front of my friends over phone or for imputed legal notice. for defamation is there any time limit? thanks for valuable suggestions----Akas
Asked 7 years ago in Criminal Law
Religion: Muslim
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10 Answers
my representative also, signed the cartel during gentlemen settlement for my money. after my answer for legal notice, he kept quiet and not filed any suet for his false claim. now almost four moths over, please suggest me to give a lesson for him as he is financial supporter in another similar land grabbing case( my land only) created forgery sale agreements.
Asked 7 years ago
defamation is not applicable as the offending language was used in a private conversation over phone and not in public
if the person claims that he is entitled to registration on basis that he paid you money for it, he will have to file a suit against you to prove that
if the money paid to you was for settlement of other dues from your relative and not for purchase of land, then certainly this person will fail in proving that the money paid was for the land
you can lodge a police complaint against this person for criminal intimidation and extortion and blackmail
See.defamation is when you are publicly defamed when there is loss of reputation form your facts you can file a police complaint for abuse and threat on phone but no case as such of defamation is made.out.
If fraud and forgery and cheating is there approach police and file a criminal case against him.
you must reply to legal notice denying all allegations made by your relative
2) if after you have replied to his legal notice no action has been taken by him dont file any defamation case
3) criminal defamation proceedings take 10 years to be disposed of
if he is guilty of land grabbing by creating forged sale deed file police complaint against your relative for cheating , forgery , fabrication of documents etc
2) file suit to set aside false sale deed and for declaration that you are owner of the property
Dear Sir,
If the terms of agreement do not contain a clause of sale agreement then such sale agreement is invalid. The RTGS money is only towards money recovered by him and not as advance amount. You can take 101 defenses if they file any suit. In the meanwhile you can file defamation case in the court directly.
it depends on the incidents if there is recurring cause of action then you can file it after the last incident from knowledge of the said offence to you. the limitation will be upto to 2 years in case of criminal prosecution and 3 years in case of civil.
If you have strong evidence for the alleged imputations, you may file a defamation case both in criminal and civil laws.
But in my opinion there are no sufficient evidence to file the proposed defamation case including the legal notice.
The alleged acts amount to fruad and not defamatory.
Hence no defamation case may be maintainable.