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. 
What do you mean by hoax? That they did not send it or that they were not serious when they sent it?
If it is the latter, I agree. If it is the former, I think it is highly unlikely. It is possible to spoof an email id while sending, but Gaurav replied to the email from legal@iipm.edu. While receiving it is not possible for the spoof email id to receive it. It must have gone to the right email id (legal@iipm.edu). If it was a hoax, the institute could have denied sending it then and there.
In any event, the phone calls to IBM and the threats were certainly not a hoax.
ravikiran:
hoax as in it has no legal standing. its not a legal notice.
its a mere threat from IIPM. and nothing more.
Hey Sudish,
even I thought the same as ravikiran…was surprised! but now got the meaning of what you said..
wait it can mean anything right…like if I send a mesg and include a reply-to this id…wont it be possible to do it? So, if in the Indian Express they are claiming that they have not sent any legal notice to anyone( no idea about it), they cannot lie twice here. Or maybe they can…to find out the truth, all we can do is email “smeagal”@iipm.edu hehe :)…it will tell you about the “precious”. Me going back to my blog and trying to build my profile and get mail from smeagol or legal…
IANAL, but I think that even a simple letter has legal standing. It is not a legal notice, subpoena, summons, affidavit or anything else. It is just a letter threatening to sue unless some steps are taken. Whether it was “serious” or not does not depend on the format of the letter, but on the intention of the authors of the letter. We have no way of knowing that for sure. We can only say from their record that they are blustering.
For that matter, I think that their threat to burn those laptops was not serious, but IBM rationally decided that it couldn’t take the risk. They counted on Gaurav to do the same, after all, blogging was just his hobby. But then, he is made of different mettle.
@Sudhish : totally out of context…but dunno where to tell u abt this…
Did u happen to read this article on rediff
http://in.rediff.com/news/2005/oct/03sw.htm
though stuff were happening in chennai, there was no need to post something like that…totally degrading the city
vk,
i donno what’s wrong with that article.
karthik.
hey sudish
Thanks for that expert legal opinion on e-mail notices.
referring to vk
Actually that is kind of disturbing to me too…the article in rediff…I am from chennai..and when someone says- “No, this is not an adaptation of George Orwell’s 1984. This is 2005, and the city is Chennai.
Yes, Chennai, the city that has blah blah blah.” There are 100s of incidents that happen everywhere in India. Instances in the past…The monkeyman in Delhi..Come on..Just because there was one monkeyman in Delhi (finally it turned out to be a monkey?? or a man??) we don’t call all Delhi people monkeys ..:)…there are more rapes and violence in Delhi/Mumbai than in chennai, so when someone blames a city for just one incident then its like that person has something against chennai. You cannot go around call my city blah..blah blah…Writing it in a blog and publishing it in a paper are 2 different things …as a journalist, I would say Sudhish does that job well and as a blogger Suderman he is a pukka galeej paiyan…so I think Shoba Warrier has mixed these two…If she wanted to be funny, making too exaggerating stories doesn’t help. If you want to blame the big brother you can…don’t say chennai blah blah blah as a finishing touch…then your whole article becomes a big BLAH.
gud one commander!
Going by the number of hate-posts all over blogdom these days, how many of these ‘legal notices’ will IIPM have to send around? I also wonder, does the amount go up by 50 crores with each one?
sudhish…
but can’t we just screw IIPM?? they dont have a decent building in Chennai… what education they can give i can’t understand… i have seen the building near Egmore… it literally sucks and can never ever have a swiming pool… we can just go there and click some photos… just do a general quiry about the courses offered…
its like saying I don’t like Mr. X to everyone (and that is the truth) and Mr. X comes and files a case against me…
V..
the story came on NDTV prime time yesterday night…
b.t.w we should do something about this Arindam Chaudhari… he even directed a movie… bloody virus… speading everywhere…
V..
Yay.
Thanks for that bit of legal advice. And one does read entire posts these days, if it involves money ( ;D ) or legality.
Hey sudhish, do u even eat?? baahar khaane chale? my friend wants to date you..which community do you belong to..cos i hear you are single and ready to mingle…LMAO(laughing my ass off)
-booHAki
dear all.
thanks for reading.
im tired of the hoax of a controversy… looking back objectively, i think the blogworld worked overtime to blow it outta proportion. a damn good job nonetheless, given the interest levels of bloggers around the world.
the e notices were just dumb impotent threats… but who was in a mood to validate them? there was no legal case in the first place.
it is rather unfortunate that gaurav had to quit his job. and if IBM does not take him back, its a waste of a resignation and reflects on the stupidity of the employer. so whether it was his intention or not, brand IBM has anyway been dragged into a controversy.
today, even the affected parties have gone back to normal posts. its time everyone takes a break from this rather hyper campaign cuz in our pursuit to stand up for bloggers rights, we did forget a few basic points…
the students of IIPM, supposed to be the victims of tall claim advertising, do not have a problem at all. So if they don’t have a problem, who are we to say they’ve been victimised?? its an internal issue.
As a journalist, I’m just left wondering: Why hasnt JAM gone to press? Why hasnt Gaurav hasn’t sued IIPM for fake legal notices? So what has everyone in blogworld been fighting for?
Lets leave anger, outrage and sympathy out of this and think again… and it does not make sense.
Your rights as a blogger are/were never endangered. Ur employer did not/cannot ask u to quit for ur personal views as long as you put the disclaimer. But as an employee, we have a responsibility just like Gaurav had… so its totally ur call on what u wanna put up on ur blog.
Hats off to Gaurav for doing what he thought was right. And to all bloggers for show of support. But the show is over. Time for everyone to realise that the response was rather overdone, with no consideration whatsoever to future of students studying in IIPM… the guys who had never ever had a problem getting placements. maybe until now.
No more discussions, im fed up of it… any comment that tries to rake the issue up again will be deleted.
I repeat, the show is over.
Go home.
booHAki:
i dont the like the sethjis. 😀
and ask ur friend to apply in person. messengers will be shot dead and eaten.
Hey, i know its pretty late in the day, but share similar sentiments as yours. Your comments welcome.
Amal says – I know the fire is gone cold on the IIPM issue but this cliam on the IIPM website amuses me
“The IIPM BBA program is unique in the aspect that students in the final two years undergo as rigorous a course schedule as in the MBA program. Most importantly, BBA students of IIPM, after working for two years in the industry, are automatically awarded the MBA degree. This brings the BBA students equal in knowledge and industry standing when compared to the MBA program.” –
Source -http://www.iipm.edu/academics-curriculum.html
amal,
i saw that… lol!
but im a lil bored of the overdose… i think everyone overdid it!
it was the most one-sided war ever… i came across some material which cud completely turn the tables but then, like i said im in no mood for this war anymore.
iipm is worst if ask abt. placement