defamation

raghavendra (Querist) 05 February 2011 This query is : Resolved
sir,

in one case party himself representing the case , in objection he mantion plaintiff lawyer is a postman or like a postman ,is not it amounts to defamation .
can i file cse against him ,
pls tell me in detail

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Guest (Expert) 05 February 2011
YOU MAY KINDLY REFER SEC.500,501 OF I.P.C.AND ALSO PROVIDE COPY OF STATEMENT OF SAID PERSON.YOU MAY FILE THE MATTER AND LET COURT DECIDE IT.GOOD LUCK.

Advocate. Arunagiri (Expert) 05 February 2011
Yes it is a defamation. The court can take up the matter as a contempt of court.

Arvind Singh Chauhan (Expert) 05 February 2011
Yes intention behind such statement is to degrade the image of lawyer. It amounts to defamation.

Kirti Kar Tripathi (Expert) 05 February 2011
certainly yes, it is defamation of lawyer's image.

Jainodin shaikh (Expert) 05 February 2011
@arunagiri
Contempt of Court? How?
Insult of the court
and
insult of an officer of the court i.e. Lawyer
are not the same things!

Advocate Bhartesh goyal (Expert) 06 February 2011
Yes,I agree with the views expressed by Mr.Arungiri,arvind and Kirti Kar Tripathi.word "postman" used for lawyer is defamatory.

Ajay Bansal (Expert) 06 February 2011
It is a case of defamation.

raghavendra (Querist) 07 February 2011
sir,
this is happens in industrial tribunal , can i file contempt petition before the same court or criminal court

Advocate. Arunagiri (Expert) 07 February 2011
Mr.Jainodin,

The contempt court is not confined to the contempt of presiding officer. Even if the presiding officer insults a lawyer or a party it is a contempt of court. You can initiate prosecution on the PO before the higher court.

Sachin Bhatia (Expert) 07 February 2011
It amounts to defamation.

Kirti Kar Tripathi (Expert) 08 February 2011
Mr Arunagiri is right. you can initiate contempt proceedings

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