Dear Mr Denis Khan Ji,
I believe As TREE LOVER that , Since it was a reporting of
factual case of TREE Cutting & probably Illegally / Unauthorizedly,
the Press reported & the Police have registered a case & if you are
lucky & in Mumbai, you may see the miscreants being prosecuted with
respect to section 21 of The Maharshtra [Urban Areas}Protection &
Preservation of Trees Act of 1975, which may extend with fines up to
Rs 5,000 & also with punishment for a term of not less than one week
to one year.
Believe, BMC /Tree Authority has also been informed accordingly.
As regards Societies passing such unconscionable /illegal
regulations which are in consistent with the laws of our Country, it
has no force & is null & void as its more of a Criminal Intimidation
to circumvent the directions of the law by all the members who
participated or supported that resolutions, they can also be punished
for abetting the crime in terms of Section 34 / 120B of IPC.
As said above, since its fact of the case & circumstances,One need
not worry on the DEFAMATION Suits following such activities /
resolutions because basically DEFAMATION SUITS under Section 499 of
the IPC is basically meant to protect all Citizens from false cases &
its protects you from any cost or consequences from such capricious
actions as it reads as under:
Section 499 of IPC . Covering Defamation
******************** * * * * * * ** * * *
Whoever, by words either spoken or intended to be read, or by
signs or by visible representations, makes or publishes any imputation
concerning any person intending to harm, or knowing or having reason
to believe that such imputation will harm, the reputation of such
person, is said, except in the cases hereinafter expected, of defame
Explanation 1-It may amount to defamation to impute anything to a
deceased person, if the imputation would harm the reputation of that
person if living, and is intended to be hurtful to the feelings of his
family or other near relatives.
Explanation 2-It may amount to defamation to make an imputation
concerning a company or an association or collection of persons as such.
Explanation 3-An imputation in the form of an alternative or
expressed ironically, may amount to defamation.
Explanation 4-No imputation is said to harm a person's reputation,
unless that imputation directly or indirectly, in the estimation of
others, lowers the moral or intellectual character of that person, or
lowers the character of that person in respect of his caste or of his
calling, or lowers the credit of that person, or causes it to be
believed that the body of that person is in a loathsome state, or in a
state generally considered as disgraceful.
Hence DON'T WORRY BE HAPPY & CONTINUE TO SUPPORT ALL SUCH ACTIVITIES
WHICH ARE GOOD FOR ALL US & OUR ENVIRONMENT -
U R Not helpless -KARMAYOGIS Here R With U- Always & ALL-WAYS.
U M PRABHU.
--- In email@example.com, Denis khan <denis_khan@...> wrote:
> Could you also please help guide us in the following incident?
> Some time back, a resident reported alleged tree felling in the CHS.
A press report and police complaint followed.
> The Managing Committee allegedly passed a resolution in the AGM,
contemplating defamation action against the complainant.
> I respectfully invite your comments.
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