Is the lawsuit one big hoax??
After the clowns in IIPM issued electronic legal notices to Rashmi, Gaurav and Varna, I emailed legal expert Naavi to ask him his opinion on the validity.
Reproduced below is the text of Naavi’s email.
From: naavi
To: Sudhish Kamath
Date: Oct 11, 2005 7:33 PM
Subject: Re: Is it possible to send legal notices over email?
Dear Mr Sudhish,
It is true that e-mails can be used for serving notices inlieu of paper notices. This follows from Section 4 of ITA-2000 (Read along with Section 1(4) and 5,to 9,of ITA-2000).
Normally it would be necessary for the notice to be digitally signed by the sender. However, in the instant case, the receiver seems to have acknowledged the receipt of the notice. hence there is no problem about identification of the addressee.
Another aspect of the current case is that though notices in e-form are legally recognizable, legal notices prior to launch of court proceedings may require to follow established court procedures. I suppose that if the defence refuses to acknowledge the notice, Court when approached may direct the petitioner to serve another proper notice through paper. I suppose the court can at its discretion accept the validity if in its opinion their is no doubt that the accused has received the notice.
Naavi
—– Original Message —–
From: Sudhish Kamath
To: naavi@vsnl.com
Sent: Wednesday, October 12, 2005 4:29 AM
Subject: Is it possible to send legal notices over email?
Hello Mr. Naavi,
Im a journalist with The Hindu and wanted to know the veracity of electronic legal notices?
Can they be indeed be served over email??
I’m not sure if you’ve heard about the latest controversy in blogdom.
http://desipundit.com has an overview on how IIPM has sued a couple of bloggers Gaurav Sabnis (www.gauravsabnis.blogspot.com) and Varna who had given links to an expose done by a Mumbai-based youth magazine called JAM. Even the editor of JAM, Rashmi Bansal ( http://www.youthcurry.blogspot.com).
Going through this legal notice sent my email to Gaurav, I can’t help but wonder if its a hoax.
Here’s the link for you to examine: http://gauravsabnis.blogspot.com/2005/10/im-disconnecting-my-cable-connection.html
Is it really possible to sue people over email when the address is not veriable? There is no proof of address given and I could create an email address today that says Manmohan Singh and submit his real address while registration. If i create a blog in his name and bad mouth IIPM, will Manmohan Singh’s email address get a legal notice??
The entire blogworld is following this episode with great detail. Please give us a legal insight into this case if you have the time.
I remember my colleague Karthik Subramaniam corresponding with you during the alleged ***** bathing video case.
Thank you,
Yours truly,
sudhish kamath
So what this means is that if the receiver does not acknowledge receipt of the notice, the court will ask petitioner to send one on paper. So those who do get notices from now on, just ignore it. Let them send one on paper if they are serious about demanding that patry Rs.175 crores from you. Since the losers are fishing for money even here, let’s make them shell out some money for sending a legal notice on paper!
FURTHER UPDATE: Given this Indian Express report, and the IIPM dean’s statement that he’s not aware of these legal notices, methinks these 125 crore and 175 crore lawsuits are a big hoax.
In this information overload, looks like people, especially those compiling it, are just skimming thru posts.
So let me just clarify, I said the electronic legal notices are a hoax as in they have very little legal standing. at best, these mails from IIPM are plain threats.
They are from IIPM, they do communicate intent to sue but IN NO WAY CAN THESE NOTICES BE TAKEN SERIOUSLY UNTIL THE DEFENCE GETS SUCH COMMUNICATION ON PAPER AT HIS OR HER POSTAL ADDRESS.
Cuz, as the legal expert says, u can only send email notices after proceedings in court have started.
These email notices are not yet serious or real, IIPM just wanted to threaten the bloggers believe so. If they were serious, they wud be talking to the media and announcing intent to sue.
The only official quote we’ve got till date is: “I don’t think so.” from All-India Dean of IIPM.
So obviously, they say it in public domain on paper, it does not hold water. Tomorrow, you can always tell the court u deleted a stupid mail asking u for 200 crores thinking it was spam or a bad joke!Again, just a reminder, if you get one of these jokes asking for 175 crores or such pocket change, dont bother replying (cuz even if they are real, u get into trouble only by replying or acknowledging receipt) or telling the world u’ve got it.
Let them send u a notice on paper, till then its only laugh-worthy.
The electronic legal notice is just another IIPM tall claim. Read it again, the notice ends by saying:”Your formal response shall be expected by the 12 noon (Indian Standard Time) of 6th October 2005 ; failing which, we shall proceed with the parallel arrest proceedings against you.”
Arrest proceedings??? Duh, they are not the police. They cannot proceed to arrest you! Any real lawyer knows this. Obviously its one of those incompetent IIPM staff at work!!
There’s more…”Refrain in the future from releasing any news item containing IIPM’s reference without the prior explicit written approval of IIPM.”
Any real lawyer knows that information in public domain can be shared by anyone with anyone unless its copyright protected by IIPM. And even suggesting that you can’t release it reeks of stupidity.You guys still want to believe its a real authentic legal notice??? I give up.
MADRAS INK. 