You can issue legal notice to managing committee to with draw false and defamatory allegations made galant you
2) if they refuse file complaint of criminal defamation under section 500 of IPC
3) alsofile suit for damages
Mental harassment and defamation
I am a member of a club with is an AOP (association of persons) and also was the President of the Managing Committee 2 yrs back. I resigned from the post due to the mismanagement and unprofessional attitude of the other committee members. Now when the opposition is in the committee they are defaming me singularly for some decisions taken then by the entire managing committee along with the trustees. They also tried to set up an investigation committee of their favourites and tried to frame me, but the report was rejected by the general body and the report was condoned. Now there is another issue being raked up by the same managing committee who have been accused of misappropriation of funds by a forensic audit report by a professional. They have email untrue and derogatory email stating i was corrupt to all 2000+ members. Now when i am again being targeted, i wish to take the legal course of action and sue them for mental harassment, defamation and ask for damages. Can i do that. Sue the managing committee and the investigation committee for a biased report in order to purposely defame me since i might contest forthcoming elections. Please help
Asked 7 years ago in Criminal Law
Religion: Hindu
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11 Answers
Or can I file a police complaint in the local police station. I had kept quiet since i did not want to tarnish the reputation of the club, but now it is unbearable since it affects my person as well as social life. The committee has been continuing with mal practices and granting special favours to certain vendor for obvious reasons to which i am objecting as it is a financial loss to the club. The want to frame me and refrain me from being a good vigilant member. There is a skimpy constitution in place which has practical of no use to a member in case of managing committee decides to be vindictive.
Asked 7 years ago
You cans file private complaint before magistrate under section 156(3) of IPC to direct police to investigate and submit report
1. You shall have ollect all the evidence of their defamating acts and specify the persons directly involved with the said act.
2. Thereafter you can file a police complaimt alleging defamation caused by the said persons to you or file a private case u/s 500 of IPC.
3. You can also file a civil suit allegng defamation caused on you and claim compensation/damage and cost fro the accused.
1. Lodge a police complaint and incase the police refuses to take any action, file a Writ Petition before the High Court against police inaction praying for an order upon the police directing them to register FIR, investigate qnd act based on yoiur said complint.
2. Simultaneously, you can also nfile a civil suit claiming compensation for the loss/damage caused to you, and legal cost.
The good idea in this case will be to go for a defamation case instead of going to the police because it will not help you if you go to the police but in case you file a defamation petition the court Delhi Saman all those members responsible for the reformation you can make it a criminal or civil defamation as you think because in civil defamation petition you will be entitled for me damages however in case of criminal defamation complaint the accused will be punished
You can file a suit for damaged for stress and mental trauma caused by the opposite party.For this you have to calculate the damages in terms of money.For this amount you have to pay court fee and take legal steps.
You need to file private Complaint
You can sue the committee members for undue harassment and defamation. Fir thisbyoubhave to lodge a complaint with the police. You should also file an application with the registrar of societies fir the mismanagement and misappropriation of funds.
Regards
1. In a defamation case, civil or criminal, you have to prove the publication of defamatory imputation i.e it was read or heard by a third party, to that end you will have to examine a witness. If you can do this then you may file a criminal complaint under Section 500 IPC and also a suit for damages.
2. You may also seek permanent injunction to restrain them from further defaming you.
If they have directly blamed you and ,made a complaint against you i this regard then you can take an action against them for this.
Hence you wait for the complaint against you to take a proper shape and then you can defend your interests as well initiate proper legal actions against them.
You say that they framed you, where did they frame you?
Is it oral in their meetings and within themselves to take a protection against their mal practices?
Until and unless there is no black and white action agaisnt you, it would be better that you wit and watch the developments to take steps at a right time and dont be in a hurry so that you dont lost the chance to bring them on records.