Can a defamation case be filed? need advise
ab
(Querist) 05 July 2014
This query is : Resolved
A false molestation case has been filed against me in a property dispute issue. The lady and her husband want to do expansion over house to which my mother denied always.
The lady and her husband have filed a case against me but have written very misleading, false and derogatory facts in chargesheet about my mother like we are badmaash and we threaten people in society. I have an application signed from all people in society who claimed that we have been always helpful, kind and are honest people.
Can my mother file a defamation case against that lady and her husband.
Or we need to wait for court verdict before filing?
Devajyoti Barman
(Expert) 05 July 2014
Sorry, no defamation case lies. Fight the case on merit.
Rajendra K Goyal
(Expert) 05 July 2014
Defend the case on merit. Do not file defamation case.
Sudhir Kumar, Advocate
(Expert) 05 July 2014
first let the allegations be proved false in court
You have to prove five points:-
1. Communication is made by defendent
2. Communication is made regarding applicant
3. Communication has been made to third party.
4. Communication has cased loss of respect to applicant
5. Communication is false.
In case you cannot prove any of these five points then you case falls and can backfire.
Sudhir Kumar, Advocate
(Expert) 05 July 2014
repeated
http://www.lawyersclubindia.com/forum/Can-a-defamation-case-be-filed--105053.asp#.U7gMkEBvdG0
V R SHROFF
(Expert) 05 July 2014
no chance for defamation to be compensated/ proved..
T. Kalaiselvan, Advocate
(Expert) 07 July 2014
First of all the case filed by them on the said grounds has to disproved by you before the trial court, and based on the court's disposal order, you can make out grounds for defamation case.
