Help On Cyber Law
Anant Bajad
(Querist) 02 April 2010
This query is : Resolved
Respected members,
I am a student of Cyber Law
i want full text of the Judgment of Dekhi High Court. namely
SMC Pneumatics (India) Pvt. Ltd. vs. Jogesh Kwatra being suit no. 1279/2001
judgment passed in march 2005.
please help me as early as possible
my id is
AnantBajadMhk@gmail.com
Parthasarathi Loganathan
(Expert) 02 April 2010
This Judgement can be downloaded from the official website. Being a student of Cyber Law never shy away from being a Tech-Savvy
Raj Kumar Makkad
(Expert) 02 April 2010
In India's first case of cyber defamation, a Court of Delhi assumed jurisdiction over a matter where a corporates reputation was being defamed through emails and passed an important ex-parte injunction.
The Delhi High Court has passed an ex-parte ad interim injunction in the case entitled "SMC Pneumatics (India) Pvt. Ltd. v. Jogesh Kwatra" being Suit No. 1279/2001. This matter is being handled by India's leading Cyber lawyer Mr. Pavan Duggal. In this case, the defendant Jogesh Kwatra being an employ of the plaintiff company started sending derogatory, defamatory, obscene, vulgar, filthy and abusive emails to his employers as also to different subsidiaries of the said company all over the world with the aim to defame the company and its Managing Director Mr. R K Malhotra. The plaintiff file a suit for permanent injunction restraining the defendant from doing his illegal acts of sending derogatory emails to the plaintiff.
Arguing on behalf of the plaintiffs Mr. Pavan Duggal contended that the emails sent by the defendant were distinctly obscene, vulgar, abusive, intimidating, humiliating and defamatory in nature. Mr. Duggal further argued that the aim of sending the said emails was to malign the impacable reputation of the plaintiffs all over India and the world. Mr. Duggal further contended that the acts of the defendant in sending the emails had resulted in invasion of legal rights of the plaintiffs. Further the defendant is under a duty not to send the aforesaid emails. It is pertinent to note that after the plaintiff company discovered the said employ could be indulging in the matter of sending abusive emails, the plaintiff terminated the services of the defendant. Mr. Duggal added.
After hearing detailed arguments of Mr. Duggal, Hon'ble Mr. Justice J D Kapoor of the Delhi High Court passed an ex-parte ad interim injunction observing that a prima facie case had been made out by the plaintiff. Consequently, the Delhi High Court restrained the defendant from sending derogatory, defamatory, obscene, vulgar, humiliating and abusive emails either to the plaintiffs or to its sister subsidiaries all over the world including their Managing Directors and their Sales and Marketing departments. Further, Hon'ble Justice J D Kapoor also restrained the defendant from publishing, transmitting or causing to be published any information in the actual world as also in cyberspace which is derogatory or defamatory or abusive of the plaintiffs.
The matter has now been posted for 4th of October, 2001. This order of Delhi High Court assumes tremendous significance as this is for the first time that an Indian Court assumes jurisdiction in a matter concerning cyber defamation and grants an ex-parte injunction restraining the defendant from defaming the plaintiffs by sending derogatory, defamatory, abusive and obscene emails either to the plaintiffs or their subsidiaries.
O. Mahalakshmi
(Expert) 08 April 2010
What an excellent answer by the Mr. Raj. I think this answer is enough to you Mr.Ananth
