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bishakha (ACS)     08 August 2012

Defamation by e mail- it act,2000 and sec 499 ipc

My ex employer and I had a mutual oral agreement to work..After brief argument after one and half month i quit the  place offered by him and resigned orally. Within a day’s time he has mailed 50 of our common acquaintances about our personal communications and has used the derogatory, defamatory  words like liar etc  thereby causing severe damage to my reputation .

q.1  can i file defamation suit against him under cyber crime.

q.2  can he defend himself under the defences available in sec 499 of IPC.

q.3  what can be the cost involved in it

q.4   how much damaged can b sought given the fact that the mail has caused serious damage to my reputation.

 



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 5 Replies

RAKESH PIPRODIA (ADVOCATE)     08 August 2012

Yes you can file a defamation case against your ex employer. The basic ingredient of the defamation is that the defamer need to kave the KNOWLEDGE and the INTENTION to do so. Once you are able to prove the knowledge and the intention you have the upper hand and much obvious your advocate should be good enough to tackle the issue in the court of law. Tha amount of damages and advocates fees, you advocate shall be the best person to brief you. You have not mentioned from which state you belong. Hope your query is solved somewhat.

bishakha (ACS)     08 August 2012

Thanks for the reply. I m from Mumbai.

bishakha (ACS)     08 August 2012

 He is not even an employer...there was only a mutual discussion to provide my services as his wife is in maternity leave. in such context the e mail has come as a shocker especially since the mail has been marked in 'bcc' as a result of which phones are ringing from all quarters and i am not able to expalin my stand thru e mail....

Sudhir Kumar, Advocate (Advocate)     12 August 2012

Yes you can file

PS (Others)     20 March 2014

I visited to a Hospital few days before, wherein a doctor misbehaved with me. I am really frustrated with the behaviour and planning to write the below mail to him copying some senior doctors from other hospitals as well.

 

Can he file a defamatation suit against me for these words. Please advise. 

 

You are a senior doctor in XYZ Hospital. It does not look nice for you to behave non-sense, like an illiterate person with  the patients and their attendants.

 

Please do something to change your behavior. 

 

1. It does not look nice for a senior doctor to misbehave with the patient attendants, shout to them in front your staff. Think of the scenario, if they also misbehave with you. LEARN SOME ETIQUETTE S.

 

2. DO NOT MISBEHAVE with the attendants saying that the security guards of the XYZ HOSPITAL demand  bribe from visitors to visit the patients. The way you speak and ask the attendants to go outside shows that it is not you (and not the security guards) who need the bribe. IMPROVE YOURSELF.

 

3. Threatening the attendants of the dire consequences and threatening them to put them behind bars with false statements does not looks good for such a senior doctor. LEARN SOME ETIQUETTE S.

 

Dear Doctor, DO NOT betray and insult your profession. IF YOU NEED TO CONSULT A PSYCHIATRIST, please immediately do so, rather than misbehaving with the patients and attendants.

 

The behavior is forcing me to take a legal and complainary action against you, but my sense wants to give you a chance and improve.


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