Whether suit of Defamation can be filed against the Petitioner

yogesh (Querist) 17 December 2010 This query is : Resolved
If Petitioner filed the suit against any firm/company and has stated in plaint that the CEO of the company had certain enmity with him and narrate incidents in plaint/petition but could not quote exact dates which the incident has happened. Kindly inform whether suit of defamation can be booked against the petitioner?

Follow Query

Report Abuse

SAANJAAY GUPTAA (Expert) 17 December 2010
if any application cant hold the date and time of the incident, and on examination the complainant and other witnesses failed also failed to utter the exact date and time, in that situation it will be difficult to prove the case by the prosecution and somehow help the defence.

niranjan (Expert) 17 December 2010
Suit for damages for defamation can be filed.

Devajyoti Barman (Expert) 17 December 2010
What do you mean to say by 'book'? If the said case is civil then there is no queston of 'book' and on the information you supplied it can safely be said that the suit would fail. Similarly the criminal case may also fail if in the complaint the complainanr fails to menton the date of specific time when the alleged defamation occured.

yogesh (Querist) 17 December 2010
Sir,
I am asking whether the petitioner can be booked/tried under defamation case if the petitioner failed to reveal the exact dates on which cause of action had arisen?

s.subramanian (Expert) 18 December 2010
No. you cannot file proceedings for defamtion on the stated facts.

Advocate. Arunagiri (Expert) 18 December 2010
Exact dates is not mandatory, at least a probable period has to be informed, date for cause of action is the date you came to know the defmatory publications.

What so ever it may be you have to produce the evidences, if you have evidences, proceed u/s 500 ipc.

Kirti Kar Tripathi (Expert) 18 December 2010
Unless the exact text is not available, it can not be decided, whether it amount to defamation or nor. Moreover, the findings of the court are equally important on that fact to prove defamation apart from other ingredients of defamation under the law.

DEFENSE ADVOCATE.-firmaction@g (Expert) 18 December 2010
Legal system does not work on trifles. Morever it is easy to file a case but it will take time and money and possibility counter case by the opponent.

Weigh all these factors than you can file case against any body any where.