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Indian Law/can i file a defamation case?


In 2010, my fatherís friend approached my father to sell his property, for that purpose he executed sale agreement in favor of my father and also executed power of attorney in my name. but he fail to perform his part of obligation and also cancelled the power attorney he executed in my name, claiming that I have not done any transaction in that with power. For this my father as also filed specific performance suit in court. My fatherí friend now gave police complaint against my father that my father is trying to grab his land. But the case is being closed due to no evidence against my father. Now again my fatherís friend went to high court to get direction not only against my father but also against my were I have no connection in this case.  Now I m doing MBA in reputed university, I applied for job in reputed company and also got offer letter from that company, but because the case is still in pending I cannot go to that job, the company is in Hyderabad and I m in Chennai. Now can I claim Damages for that person? Who filing false case against me because I have also lost the opportunity in getting place in big company. What kind of suit I can file against my fatherís Friend, will I get compensation?

In case of immovable property,no change in ownership takes place unless a Conveyance Deed is executed and registered.So merely by executing an Agreement to Sale and POA in your favour,nobody could claim any transfer of ownership of the said property.Apparently,it seems to be a case of false complaint lodged against you to unnecessarily harass you.Merely because a complaint has been filed against you,you do not become guilty.The aggrieved party would have to prove that you were guilty minded.Otherwise,the court would exonorate you.Thereafter, you can file a defamatory case against him claiming damages for causing mental harassment to you.You can file a Writ before the concerned High Court to set-aside the complaint.
In view of the above,please take immediate necessary actions on the matter through a suitable criminal lawyer and immediately apply for bail before the trial court.Please also try to ascertain the title-deed of the disputed property.Apparently, you have a very strong case on the matter and hence neeed not much worry.

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Arun Kumar Maitra


Contract Law,Companies Act,Sale of Goods Act,Partnership Act,Negotiable Instument Acts,Constitution of India,Arbitration Act,Consumer Protection Act,Maternity Act,Payment of Gratuity Act,Payment of Bonus Act,Shops & Establishment Act etc.The answer to the grievance of the particular online query depends on the facts of the particular case and law applicable to it.However,my comments relating to the various queries raised through the "All Experts" should not be treated as legal advices and should not at all be relied upon.I do not accept any responsibility for them.They will only give you some ideas about the probable merits of your cases.Ultimate actions/decisions in the matter may please be taken in consultation with the Legal Experts in the relevant fields.My purpose of giving the comments is to increase my own knowledge on the subjects and share it with others.It is purely of academic interest to me. I strongly feel the more knowledge we share,the more we shall be able to learn because there is neither any age nor any end to learning.


I have experience of dealing with matters relating to holdings of board/general meetings,maintenance of statutory registers,filing of necessary returns with the RoC,obtaining licenses for import,replies to Parliament Questions,dealing with the Parliamentary Committees,appearing before various courts to defend my employers,filing affidavits/counter -affidavits,preparing written statements/re-joinder,giving advice to management on complicated legal issues,preparation,drafting and vetting of contracts etc. I have more than 35 years of experiences to deal with the Company Law and Other Commercial Laws of leading Organisations in the country both in Public as well as Private Sectors.

Member,Inst. of Chartered Accountants of India Member,Inst. of Company Secretaries of India; Member,Bar Council of India Member,All India Management Association Member,Delhi Management Association Ex. Vice-Chairman,Durgapore Chapter of the I.C.A.I. Expert ,CA Club India Expert ,Lawyers Club India Expert,AllExperts Ex. Faculty ,I.C.S.I as well as I.C.W.A of India Retd. Co. Secy. & G.M.(Law)/NFL(A Mini-Ratna A Schedule Central P.S.U.),New Delhi Ex.V.P.(Secretarial Dept.),Jaiprakash Associates Ltd. Ex. Co. Secy.,MAMC(A Govt. of India Enterprise),Durgapore



Awards and Honors
Obtained ''A'' Grade Certificate in the Parliamentary Procedure from the Secy. General of Parliament in 1994-95.It was in connection with a training course conducted by the BPE for PSU Executives.

Past/Present Clients
I am presently working as a Company Secretary in Old World Hospitality Pvt. Ltd.located in Delhi.It is engaged in Hospitality Industry.It has Units in India and abroad.It has been given the responsibility to look after operation & Management of ''India Habetat Centre'' located at Lodhi Road,New Delhi.

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