Defamation (please help)
mohammed imtiaz
(Querist) 22 December 2012
This query is : Resolved
Respected sir,
One of the leading news paper publish incorrect and incomplete information regarding my father in the new paper.
As my uncle given the complain in habeeb nagar police station and they book the case under 420,468,471 and 501.
Court given the aquatal in 420,468 & 506.and given the conviction under section 471 for submitting the lease cum sale agreement to the house board with the knowledge that there is forge signature in column 22.
But the newspaper publish that my father get conviction for forgery that is incorrect and they mention the section 471.
as i know 471 ipc is for "using a forged document as though it were authentic" .
as i gone to newspaper office to get the information from where they get this information and who is the person given this article.they are not providing the detail.
Please help in this regards.how to get the information from the newspaper and what the legal action i can take as it not only damage the reputation of my father but the publish the judgement incorrectly
Sudhir Kumar, Advocate
(Expert) 22 December 2012
For imputing defamation you have to prove that
(i) there is a statement made by the defendant.
(ii) statement is regarding applicant
(iii) statement is circulated to other person
(iv) applicant has lost reputation because of statement
(v) The statement is false also.
mohammed imtiaz
(Querist) 22 December 2012
Respected sir,
how to get the information from which source they get the information and detail of the person who given the information from the news paper office
Sudhir Kumar, Advocate
(Expert) 23 December 2012
when they are alleged of defamation they will reveal the source. Till that time they won't ............ they won't ............ they won't ............
Devajyoti Barman
(Expert) 23 December 2012
File the case of defamation against them anyway and let them put their defence.
You have nothing to loose for doing this.
M V Gupta
(Expert) 23 December 2012
News papers are not bound to reveal the source of information unless compelled by law or by court. You may therefore file a defamation cse against the news paper after issuing legal notice calling on them to tnder unconditional apology or else caution them that u will be conmstrained to institute leagl proceedings as advised.
M.Sheik Mohammed Ali
(Expert) 23 December 2012
you first send to notice that news paper, thereafter file defamation case against them.
V R SHROFF
(Expert) 23 December 2012
Agrees with above voews . issue legal notice to news paper & file case
AAK
(Expert) 26 December 2012
Usually in such kind of publication the newspapers collect the information through the their court sources such as lawyers, bench Clark etc.. However, whatever the case it might be publishing the wrong news which is affecting your reputation will come within the perveiw of defamation.. as rightly advised by my learned friends issue legal notice and sought for unconditional apology and publication of the same.
