Juridiction of filing complaint?
Ganesha Mathur
(Querist) 26 August 2011
This query is : Resolved
Hello Sirs,
A person has filed a police complaint against my friend who is living at Bangalore giving absured allegations like he is drunkard, dishonest, criminal threat to society etc. at Gujrat police station.
I was suggested to file a defamation case on it, my question the defamation case can be filed only at Gujrat or can it be filed at Bangalore also since the place of residance of my friend is at Bangalore.
Please clarify the juridiction of filing the defamation case on this.
Regards,
Jayesh Kumar
ajay sethi
(Expert) 26 August 2011
in case of defamation, the
place where the publication of defamatory material takes place gives rise to
the jurisdiction and it is liberty of the plaintiff to file the case within the
jurisdiction where the publication had taken place or where defendant was
residing.
if complainnat is in gujrat and allegations amde in gujrat file it in gujrat
Section 19 of the
CPC which reads as under:
“19. Suits for compensation for wrongs to person or movable. Where a suit
is for compensation for wrong done to the person or to movable property, if
the wrong was done within the local limits of the jurisdiction of one Court
and the defendant resides, or carries on business, or personally works for
gain, within the local limits of the jurisdiction of another Court, the suit may
be instituted at the option of the plaintiff in either of the said Court
prabhakar singh
(Expert) 26 August 2011
Expert ajay sethi rightly opines 4 your query
Guest
(Expert) 27 August 2011
I agree the same
