This is an archive article published on January 6, 2021
Bombay HC warns web portal of action for carrying offensive content by housing society members
The court passed an injunction against the defendants restraining them from defaming the plaintiff society and its managing committee members. The court also restrained the web portal from publishing any defamatory material against the society.
The Bombay High Court recently held that a web portal, used by the members of a housing society to malign and abuse each other, was equally guilty of defamation as it did not stop the use of offensive words used by one group of members to criticise the opposite group. The court issued injunction order on use of the portal by all members of the society in
the city, and also asked the owner of the web portal to file response through affidavits, failing which the HC would pass adverse orders.
A single judge bench of Justice A K Menon on Monday passed an interim order while hearing two interim applications in a suit seeking temporary order of injunction to restrain the other faction from defaming the plaintiff society and its managing committee, its auditors or any other person directly or indirectly associated with the housing society.
The court was informed by the society and its 12 managing committee members that the defendants who constituted members of society, a non-profit company formed to manage the society affairs, and a web portal indulged in defaming the plaintiffs.
Senior counsel Sharan Jagtiani for the plaintiffs submitted that the defendants had published defamatory and libellous statements against the plaintiffs on electronic media and by using public notices and letters. He sought an injunction against the defendants and web portal from publishing such statements.
Advocates Mohit Bharadwaj and Deven Jogdeo for the defendants submitted that the present suit was not maintainable as the court had earlier stayed the suit filed by the society with similar averments. Bharadwaj further said that the society and its members had also used defamatory language against the defendants. The web portal was not represented by a lawyer.
After hearing submissions, the bench observed, “Prima facie, it is evident that the offensive communications referred not only to the plaintiff society and the managing committee generally but to specific members of the managing committee.
These are not words that are used innocently. The defendant has facilitated carriage of messages on its web portal and is responsible for its publication.”
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The court passed an injunction against the defendants restraining them from defaming the plaintiff society and its managing committee members. The court also restrained the web portal from publishing any defamatory material against the society.
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.
Expertise & Authority
Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.
Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:
Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include:
Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).
Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).
Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.
Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.
Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges.
Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More
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