Civil defamation
V.N.K. MENON
(Querist) 31 August 2018
This query is : Resolved
Is there any parameters, implied or otherwise, in filing civil defamation case and compensation for damages.
KISHAN DUTT KALASKAR
(Expert) 31 August 2018
Dear Sir,
There are so many requirements to be fulfilled before a civil defamation case to be succeed.
=================================
1) Defamation cases are of two types, criminal and civil.
2) In Civil defamation, a mala fide intention to defame is not always necessary. If defamation is caused, thenbsuit lies. Court fees are required to be paid as per value of damages caused to reputation.
3) Criminal defamation must, in addition, contain some deliberate malice or malafide intention, to cause damage to reputation of someone.
Here, court fees are NOT required at The level of a civil case.
At the end of case, court punishes offender if defamation is proved.
3) In civil defamation case, at end of case, court awards damages to compensate loss to reputation if defamation is proved.
Dr J C Vashista
(Expert) 01 September 2018
Compensation for defamation require conclusive evidence to prove your case, which is governed by Law of Torts. No specific parameters for institution of a suit to claim compensation.
Consult a local prudent lawyer for proper guidance and proceeding.
V.N.K. MENON
(Querist) 01 September 2018
Thank u experts, particularly Ld. Mr. Dutt for good guidelines. Thank u & regards.
V.N.K. MENON
(Querist) 01 September 2018
In one case I had filed [after SLP had been filed in Supreme Court ] "Application to bring on record additional documents. In that case I succeeded.
My query is whether such a procedure is available in High Court. Status: I filed a petition for quashing of a D/V case in the High Court as it is time barred in accordance with precedents" Inderjit Singh Grewal vs. State of Punjab" [S-468 CrPC r/w 28 & 32 PWDVA. ] Respondent filed reply, subsequently I filed Rejoinder and NDOH is on 20 september 2018. In the situation, can I bring on record additional documents. Thank you experts in anticipation.
ashok kumar singh
(Expert) 01 September 2018
agree with views and opinions of experts, therefore no comments,
thanks
ashok kumar singh
advocate
V.N.K. MENON
(Querist) 02 September 2018
dear mr singh,
first part is re. defamation and that has already been answered by some experts. If you see, the second part is with regard to filing of additional documents in the High Court.
A. A. JOSE
(Expert) 06 September 2018
Yes, you can seek leave of the HC to file additional documents but it is entirely at the discretion of the Court as to whether to permit or not.
