defamation
binukokkad
(Querist) 12 December 2010
This query is : Resolved
whether a defamatory statement in a lawyer notice is evidence to prove defamation?
DEFENSE ADVOCATE.-firmaction@g
(Expert) 12 December 2010
You can allege offense out of any statement by twisting the story but you must have time and resources to persue it to its logical end.
Devajyoti Barman
(Expert) 12 December 2010
yes but there must have to be publication of that notice.If the publication happens without any intention of the sender then the case would not lie.
Advocate. Arunagiri
(Expert) 12 December 2010
Yes, it can be a good evidence for defamation. All the legal notices are presumed that it is being sent with the knowledge of the party.
ashish lal
(Expert) 13 December 2010
I agree with Mr Shashi Kumar. Just a food for thought:- whether a notice send by the lawyer is hearsay evidence?
Advocate. Arunagiri
(Expert) 13 December 2010
The notice can be treated as a evidence. but, a lawyer can not be called as a witness against his own client.