defamation suits

Querist : Anonymous (Querist) 15 November 2009 This query is : Resolved
what provisions for filing a defamation suits(civil) in kerala

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adv. rajeev ( rajoo ) (Expert) 16 November 2009
before filing the suit u will have to issue notice to the person against whom you want to file a suit.
U will have to pay CF as per Kerala Court Fee and suit valuation.
To all states CPC provisions only applicable.

G V S Jagannadha Rao (Expert) 16 November 2009
A defamation is a civil wrong, known as TORT in legal parlance. There is no law which mandates issuance of notice before filing a civil suit for recovery of damages for defamation. Tort is a common law. It is not codified. That means there is no Act of Parliament or of State Government to regulate this law. The following definitions may be useful to you to judge the merits of your own case.

Definition of DEFAMATION

Salmond:Publication of a false and defamatory statement about others
without lawful justification
Underhills: Such a statement becomes defamation if it is made about another without just cause or excuse whereby he suffers injury to his reputation (not to his self esteem)
Fraser: A statement becomes defamation if it exposes one to hatred, ridicule or contempt or which causes him to be shunned or avoided to which has a tendency to injure him in his office, profession or trade.
Winfield: The publication of a statement which tends to lower a person in the estimation of the right thinking members of the society generally or which tends to make them shun or avoid that person

In my opinion the Winfield's definition is more accurate. If your case fits into this definition, you can file a civil suit for definition. The territorial jurisdiction and court fee is the same as in the case of a money suit, applicable in your state.

Incidentally Kerala High Court has contributed many judgements on defamation, both Civil and criminal.

Kiran Kumar (Expert) 16 November 2009
i agree with Mr. Rao.

Raj Kumar Makkad (Expert) 16 November 2009
I also agree with Rao.

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