Absurd and deafmatory languages in reply filed before h.c
Raj
(Querist) 09 February 2013
This query is : Resolved
I filed the case before the High Court against the respondent for quashing of the proceedings in which I have been falsely implicated.In Counter Reply, he has used very much absurd langauage which directly attacks my persanal reputation (as framed by with wrong intention).The state too has filed the reply but has used polite language and raisng the legal contentions only..The repsondent uses so much absurd language then he needs to be prosecuted for giving high provocative, absurd and wild language in its reply
Kindly suggest some remedy because this is not the first he is habitual of making aburd language in court as well in written replies?
Sudhir Kumar, Advocate
(Expert) 09 February 2013
You want legal advise without sharing facts. This will not result in sound advise.
R.K Nanda
(Expert) 09 February 2013
file suit for defamation against him in court
and quote those defamatory words in it.
Raj
(Querist) 10 February 2013
Sir, suit of defamation can only be filed after the completion of the case and before the trail court/First class M.M which has the power to take cognizance of offense
is there any remedy available during the pendency of the matter before the High Court?
Also, High court will not entertain the case of defamation till final disposal of the matter?
Sudhir Kumar, Advocate
(Expert) 10 February 2013
you already know the position.
You cannot expect MM to take a case based on the facts in another which is subjudice in High Court.
R.K Nanda
(Expert) 10 February 2013
u can file defamation case during pendency of MM court case.
R.K Nanda
(Expert) 10 February 2013
both are separate suits and will be tried separately.
Guest
(Expert) 10 February 2013
Mr. Raj,
Since you have not brought any specific instance of absurd or defamatory language to the notice of the experts through your query, it is not possible to decide whether your version is correct or not.
Moreover, it is not you who has to decide the absurdity of language. You will have to take a strong objection to that by appropriately and logically bringing to the notice of the HC, if the same has no relation with your case. If the HC takes appropriate note of the the same agreeing with your own plea, that can become a sound proof for your case for defamation against the party concerned.
R.K Nanda
(Expert) 10 February 2013
you have very good chances in defamation case.
ajay sethi
(Expert) 10 February 2013
concentrate your energies on fighting case in hand .
V R SHROFF
(Expert) 10 February 2013
I party agree with Shri Dhingra.
Pl check , WS in court of law is privileged communication?? u/s 499, 500 [Exception No. 9 to Defamation. of IPC,] being parties to law suit.
Court ruled: This privilege is not absolute immunity.
Need to go thru wordings
Raj
(Querist) 10 February 2013
Sure yes, as the Respondent has made very cruel language in W.S by even calling me "criminal"."Instigator" "abettor" and has made absurd language which he may possible taken from hindi B class movies..However the reply of the state is decent
Now the question is since I am the resident of Delhi and I have filed the Petition in adjoining state and all the alleged cause of action in the petition has taken place in Delhi, Whether its advisable to file petition before the metropolitain court of Delhi on the basis of the written submission made by the respondent?
R.K Nanda
(Expert) 10 February 2013
yes, u can file petition in delhi.
