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Author Topic: Query on Legal Action that can be taken  (Read 1997 times)

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Offline monto2k2

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Query on Legal Action that can be taken
« on: October 06, 2013, 04:33:53 AM »
The background of this goes couple of years back when my brother's wife filed a false 498a against four of us, myself, brother, and parents.
One of our close relative and his wife are advocates and naturally they got involved to handle the case. The issue ran for about an year and during whole of the time I was outside India for my job.
The update I got from my parents is that lots of money have been spent on this (all via the relative), and it finally settled for mutual divorce. The case actually never gone for trial in court (pls excuse for any wrong terms), and FRT was issued from PS.
A month back (about an year after FRT) my brother received a call from the relative saying that police is asking him for money to destroy the case, and we will receive a letter soon.... guess what the letter arrived. My brother got suspicious and found out the letter was fake. In between the relative called my brother several times for the money. Then upon further investigation is was found that out of around 5.5-6.0 lacs which my relative gathered from my father during the tenure of the case, only 50k went to the opponent side. So, he has scammed us for around 5.5 lacs, unfortunately all money was handed over to him by my father without any written evidence.
When the actual things came out, my father discussed this to the senior members of the family and instantly my advocate relative denied everything. He also said that bar council complaints will not help us as they only run the bars, and threatened to file defamation case against us if we pursue this further.
Can you please let me know what can we do legally to my relative and what damage can he do to us with a counter defamation case?

Offline advdesai

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Re: Query on Legal Action that can be taken
« Reply #1 on: October 06, 2013, 06:12:21 AM »
Three principle elements are required to win a case they are namely:
1) facts
2) Act to support your claim
and 3) judgments

in your case you have none in your favour.

did you make check payments to you relative if yes that could help.

but again since they are lawyers they can show it as legal fee.

regarding defamation case against you, they can file but won't succeed
Advocate Desai Knows the Law

Offline monto2k2

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Re: Query on Legal Action that can be taken
« Reply #2 on: October 10, 2013, 09:36:06 AM »
Many Thanks for your response. I understand that we can't take any legal step. Most we can do is to file a GD for the false letter we received.
I am planning to resolve this within family, but as he might file a defamation case, I would like to do some research against the same. Can you please point me to the appropriate resources and applicable laws that will stand in our favour against any defamation case? Also I would like to understand the "do"s and "don't"s from our side while perusing this within family so that he does not have any strong ground for defamation?

Offline advocate-lyngdoh

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Re: Query on Legal Action that can be taken
« Reply #3 on: October 11, 2013, 03:48:53 AM »
Defamation is the offence of  lowering another personís reputation, through a statement calculated to expose a person to hatred, contempt or ridicule or to injure the person in the personís trade, business or profession or to cause the person to be shunned or avoided in society.

Defamation can be a civil wrong as well as a criminal offence.

It is of two types: libel and slander though this difference is for all practical purposes, irrelevant in India.

The law grants everybody a right not to have oneís reputation sullied unwarrantedly. Thus, it protects a personís reputation by making defamation an offence both under civil and criminal law. Civil Defamation is dealt with under the Law of Torts (which is comprised of judicial precedent) whereas Criminal Defamation is an offence under Section 499 of the Indian Penal Code.

Making defamation an offence gives right to a member of the society to protect his reputation. Under Civil law, the remedy is generally damages for the harm caused whereas under Criminal Law the offence could lead to imprisonment of the offender.
Advocate Lyngdoh
Laitumkhrah, Shillong

Offline monto2k2

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Re: Query on Legal Action that can be taken
« Reply #4 on: October 11, 2013, 10:38:02 PM »
@advocate-lyngdoh. Thanks for the details. It appears neither we can take any legal steps not we can discuss this further in the family as this will "injure the person in the personís trade, business or profession or to cause the person to be shunned or avoided in society". This means he gets away and continues deceiving others and his profession. While we, by god's grace, are not financially impacted, there are numerous people whom people like these deceive, do get impacted.
We have the false letter and some voice recordings while he was asking for money. Can anybody please advise if we stand any chance, or what is the best thing for us to do?

Offline advocatesingh

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Re: Query on Legal Action that can be taken
« Reply #5 on: October 12, 2013, 04:11:52 AM »
Dear monto2k2,
There are so many unthinkable things and circumstances that some lawyers can create for you that you might be ashamed for whats happening.

and law is about satisfying the act/section, so some degree of lying will be there.

if you are interested to take that extra mile, than approach a lawyers he will create a very strong case for you.

I hope you got my point.

this is a law forum available for public so cannot get into details
Singh and Associates
Civil law experts

Offline monto2k2

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Re: Query on Legal Action that can be taken
« Reply #6 on: October 13, 2013, 01:29:09 AM »
Hi @advocatesingh, many thanks for your advise. I got your point. I will take calculated steps with the help of a lawyer accordingly.

 

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