Defamation
2 years ago
I am working as a society secretary, sometime back few resolutions were passed to implement new rules in society by keeping COVID scenario in mind. One of the resolution was to check temp of each member/vendor entering into the society which is now basic requirement of all the societies. These are the practices which all societies are following to protect their society members. There is only one person who said no to follow the rules. we committee member after witnessing his activities at gate & getting complaints from security guard circulated his vehicle no in whatsapp group of our society members. By sharing vehicle no & his nuisance activity of gate in whatsapp, we tried to explain all society members how committee is facing issue at gate because of this vehicle owner. We also requested him to cooperate. Now the issue is, owner of that vehicle is creating nuisance at gate daily and has given threat of filing defamation case against secretary. My concern is what probability is of filing defamation case on secretary? If he can file a case then how a society secretary can defend himself where he is working for betterment of the society?
Ankur Goel @ Complete Law Shield
Responded 2 years ago
The resident have to follow the bye rules of society. You can inform the society to stop entry/exit of person if he doesnt comply with rules. If he doesnt move his vehicle and stop other vehicles movement then ask society to call police directly.
He can not issue legal notice to secretary for this case and it have to be issued to society. No need to reply to notice and let him file case which he will not do.
You cannot be sued for defamation if you are only taking precautions against Covid. On the other hand, the owner of the vehicle can be prosecuted u/S 269 and 268 of IPC for negligence and nuisance.
If you found my answer helpful, then kindly me.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
You cannot be harassed for taking precautions during Covid. The owner of the vehicle can be charged u/S 269 of IPC for openly flouting social distancing rules and for creating nuisance u/S 268.
If you found my answer helpful then, kindly rate me.
Disciplinary process for officer rank employee and a management staff.
Repairing require for 4 storage Building
Disciplinary process for management staff
Disciplinary process
Cheating case
