defamation
N.J. MISHRA
(Querist) 14 October 2010
This query is : Resolved
please member advise me
i am a legal officer of a shipping company, we manages the company through out the world wide. chief engineer for a ship was appointed by contract for a period of 3 months, but he abondoned the contract. as per the contract he is liable to pay all the charges incurred on him by the company. I send a demand notice to chief engineer through email on 27/09/2010. on 08/10/2010 chief engineer replied back to my email, but he marked copy to the number of the recipients some of them are company's client, some are government authorities and some are unknown, he has copied to more about 100 of email address, but he has not used any derogatory languages in his reply. can such act of chief engineer amounts to defaming the reputations, honour of the company by sending email to number of recipients. can i file private complaint against him,
R.R. KRISHNAA
(Expert) 14 October 2010
Dear Nilesh
Merely marking copy to others would not amount to defamation unless the contents of his reply are per se defamatory made with intent to injure the reputation of the company.
There is no offence of defamation in this case.
Best regards.,
adv. rajeev ( rajoo )
(Expert) 14 October 2010
when there is no derogatory words then defamation does not attract
n.k.sarin
(Expert) 14 October 2010
you can file private complaint on behalf of the company.but what is the motive of the said chief engineer for sending the copy of the reply to different person? I think definitely he wants to hurt your personal reputation or reputation of the company,if so ,it is a perfect case of defamation.
N.J. MISHRA
(Querist) 15 October 2010
chief engineer has stated in his mail that he had copied the same mail to different recepients in order to keep the information open to some selected personnal in the shipping industry. and also mention in his mail that company unlawfully forced him to work for more than 4.5 months where the contract was only for 3 months. whther this statment of chief engineer amounts to defame the prestige of the company
VENKATRAMAN SHRINIVAS
(Expert) 15 October 2010
Even though there is no derogatory obseravation made by the Chief engineer, yet his version that he had bneen over used beyond the agreement period and marking copies to different persons is evidently to taint the company of misdemeanor and an inmplied innuendo. Bwesides the privity is only betwween you and the chief engineer and he has no business to mark copies to all and sundry who are un connected with your organisation. You can, therefore proceed against him and also make others know of such act to placate mails to many generated out of mischief.
B.R. BHALLA, ADVOCATE
(Expert) 15 October 2010
Once a Company appoints an individual in a managerial position, he is governed by certain terms of the contract of employment which he is liable to ahdere and comply with. He may also be expected to work within certain parameters fixed by the company. Involving outsiders in the terms of employment accepted by him, is an indirect threat of harm and anticipated damage to the company's reputation and would amount to coercion and going public in a mutually agreed upon service contract. Until the agreement is unlawful, the company can file a suit for recovery of agreed sum of money for breach thereof and also claim damages for the disrepute and humiliation sought to be made to the company by sending mails to agencies and individuals, who have been keeping the company in high esteem otherwise.
Sri Vijayan.A
(Expert) 16 October 2010
Though, at first sight, it seems it does not contain any derogatory words, It is clear that his intention is to taint the company.
Under this circumstance, you initiate action against him for de-famation.
