Defamation
N G Gokarn
(Querist) 06 May 2012
This query is : Resolved
One of our relatives published a book for private circulation and has written bad things about character of older relatives and grand parentrs and some living people in poor taste . He has maligned their reputation and made incorrect statemnents such as misappropriating amounts , doing frauds , cheating own relatives and paints himself and his family as God fearing and virtuous. There are several lies in the book. What are the options before the descendants whose fathers and grandfather is shown in bad light.
Sudhir Kumar, Advocate
(Expert) 06 May 2012
All the five parameters of defamation meet.
Aggrived persons can file criminal as well as civil suit.
adv. rajeev ( rajoo )
(Expert) 06 May 2012
when book is circulated then it amounts to defamation, so you can lodge criminal and civil cases against that person.
Adv.R.P.Chugh
(Expert) 06 May 2012
Mr.Gokarn,
If the person intended to, or knew it to be likely that such imputations would bring them down in the estimation of the right thinking members of the society or expose them to ridicule in short wanted to defame them. Then he is liable criminally as well as civil for defamation.
Feel free to talk !
V R SHROFF
(Expert) 06 May 2012
Yes, it is a fiT and proper case for Defamation.
Filing Civil Suit for 15L attract court fees of Rs. 31,230/- in Mah state+ Legal chg , +visiting courts, serve summon, etc
You have to prove damages, that costed you loss of 15L. May take 20 years to win & recover the money.
In criminal, yes, you can proceed free, & penalise them.
At the same time, cannot advise you, not to take action, and bear it.
SO FILE CASES IN CIVIL & CRIMINAL, BOTH, ALSO INVOLVE PUBLISHER.
R.K Nanda
(Expert) 06 May 2012
Yes, it is a clear case of defamation and
you can take civil and criminal action .
Shonee Kapoor
(Expert) 07 May 2012
I concur that it is a fit case of defamation.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
