Labelling deputy registrar as corrupt without proof - What are my options
4 months ago
Dear all eminent lawyers,
Here is my history in brief :-
• The apartment was in my father name. He transferred it to me via a registered sift deed. However society was not admitting me as a member .
• I had to approach the Deputy Registrar for membership. After 9 months of litigation & hearings the deputy registrar gave the judgement in my favour & instructed the society to admit me as a member.
• After 4 months after the order , the society went to the joint Divisional joint registrar for appeal & asked for delay condonation.
Now in the Revision application the learned lawyer of the opposite side has made these assertions ( the contentious assertions are made in capital by me )
1) During the pendency of the said Dispute application the Respondent No 2 WITH COLLUSION of Respondent No 1 USED BACKDOOR TACTICS to obtain the impugned order u/s22(2) of the MCS act 1960 just to harass the applicant society and it's managing committee members.
2) It will not be proper to grant membership to him which was DELIBERATELY ignored by the Respondent no 1 authority and passed the impugned order
Ground
The LD respondent no 1 has passed the impugned order ILLEGALLY, hasty and without application of mind.
The Ld respondent no 1 has passed the impugned order WITHOUT CONSIDERING AND APPRECIATING BASIC AND FACTUAL POSITION that the society communicated their decision to Respondent no 2
The Ld Respondent no 1 ought to have given sufficient time to the applicant society to file it's reply and defend the case ,and without giving such the Respondent no 1 HIGHHANDEDLY AT THE BEHEST of the Respondent no 2 issued impugned order
That the Respondent no 2 SUPPRESSED THE VITAL AND MATERIAL FACTS AND DID NOT APPROACH WITH CLEAN HANDS before the Respondent no 1 and therefore the Ld Respondent no 1 have no authority to grant relief to Respondent no 2
At any rate the fact remains that the impugned order passed by Respondent no 1 is improper, illegal, bad in law, void-ab-initio untenable and hence liable to be quashed and set aside
Now my queries:
1) Everyone has a right to appeal but can he label the quasi judicial authorities as corrupt
Appeal should be on basis of legal points only
2) Now how and where can I approach the law on these points? Do I file a civil defamation suit or a criminal defamation suit or something else
3) What other legal options are available to me .
Hope to see a lot of responses and many thanks in advance for the same.
Regards,
Veerendra Darakh
There are several instances of misconduct such as using insulting language against the judge, suppressing the facts to obtain a favorable order, imputation of partiality and unfairness against the judge. A counsel who advises his client to disobey the order of the court is also held liable for contempt of court. Any derogatory or defamatory words passed against a subordinate court amount to contempt of court, and proceedings can certainly be taken under section 2 of the Contempt of Courts Act, apart from the fact that other remedies may be open to the aggrieved officer under section 499/500 of the Indian Penal Code. Section 2(b) of the Contempt of Courts Act, 1971 defines “civil contempt” as wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a Court. The procedure to file a contempt petition depends upon the rules of the respective High Courts and the Supreme Courts. The petition has to be supported by an affidavit and any document (s) in possession of the complainant. Contempt proceedings can be initiated either by filing an application or by the court itself suo moto. Section 20 of the Contempt of Courts Act, 1971 provides that no court shall initiate contempt proceedings either on its own notions or otherwise after the expiry of one year from the date on which contempt is alleged to have been committed. The period of limitation is applicable both in civil as well as criminal contempt proceedings.
In response to the assertions made by the opposing party's learned lawyer, it's important to approach this matter strategically and within the bounds of legal recourse. Firstly, the labeling of quasi-judicial authorities as corrupt is a serious matter and may be addressed within the ongoing legal proceedings. The appropriate response would be to counter these allegations through legal arguments and evidence that demonstrate the legality and fairness of the impugned order. Regarding the option to address the statements made by the opposing lawyer, you may consider initiating legal action for defamation. A civil defamation suit is a viable option where you can seek damages for harm to your reputation caused by false statements. Consult with your lawyer to assess the strength of your case and decide whether pursuing a defamation claim is in your best interest. Furthermore, in the ongoing legal proceedings, ensure that your legal representative effectively counters each ground raised by the opposing party. Present evidence, witnesses, and legal arguments that establish the validity of the impugned order and refute the allegations of illegality, haste, and bias. In addition to the defamation suit, you may explore filing a complaint with the Bar Council against the opposing lawyer for making baseless and defamatory statements, which could be considered a violation of professional ethics. Consult closely with your legal counsel to devise a comprehensive strategy that addresses both the ongoing case and potential defamation claims, ensuring the protection of your legal rights and interests.
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