Defamaion + use of it for this purpose
tapovardhan
(Querist) 22 December 2012
This query is : Resolved
One company had accused an office with some MNC that officer asked for bribe. No payment. No possibility of any favor too.
Can he file case from
His present place of residence
also
can he file this case from his place of origin where he has his orchard + house (Village in JP Nagar district of up) as this will pose great logistic problem to the accused.
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.
You said that "No payment. No possibility of any favor too."
You have not categorical stated that the bribe was never demanded. You are only denying that bribe was never received (at last there is no evidence of receipt as you believe).
You are denying the possibility of favour but you are not saying whether the person who so alleges was aware of the fact that you cannot favour him.
As far as jurisdiction is concerned the data supplied by too sketchy as it doe snot disclose the (i) place wherefrom allegation made (ii) place where from transmitted (iii) place where allegation was received (iv) The place where reputation was lost.
Further if the allegation of bribe is made against public officer then I can express further views. Your query is silent about the status of the officer against who allegation is made.
tapovardhan
(Querist) 23 December 2012
Status of officer : Project Director
Allegation made by e-mail
circulated to all top officials of the company
mail sent from ranchi jharkhand
recieved by officials at mumbai
applicant lost reputation and job
never actually demanded also
contract is in such position that no favor was pending
allegator/accused was black-mailing and arm twisting contractually
accused guilty of CrPC / IPC 406
tapovardhan
(Querist) 23 December 2012
affected person was posted at NOIDA. Has shifted to JP Nagar, UP after loss of job.
V R SHROFF
(Expert) 23 December 2012
cR. Breach of trust IPC .
406
defamation ORIGINATED AT rANCHI. sO IT HAVEW jURISDICTION.
You may Lodge complaint where it was received or sent; whichever affect accused more.
U can also file civil case for damages
Devajyoti Barman
(Expert) 23 December 2012
The case can be filed only from where the cause of action arises or where the crime is committed. Not from any other place.
ajay sethi
(Expert) 23 December 2012
agree with experts
tapovardhan
(Querist) 23 December 2012
Mr Salman Khursheed filed defamation case fromlondon as the day defamation was made; he was in london. Any comments?
R.K Nanda
(Expert) 24 December 2012
no comments.
