Diego stanga (Self employed) 22 January 2014

Can a defamation case be filed against such people.

Respected Sir/Madam,

Can hand written and printed letters submitted in a government forum which are from a lawyer and some are self written be used in a defamation case. As all the allegations are false and one has evidence of it. Allegations are made involving "a STAY in the property regarding transfer/sale" as there are other legal heirs also and affecting our character by making use of words like kidnapped.

Opposition cannot prove that all the allegation put on an individual are true and they have evidence of it.

How effective is a defamation case in such a issue.

Can we claim a big compensation amount (less than 25 lakhs) from the opposition?

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6 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 22 January 2014

The plaintiff must prove that:

The communication has been published by the defendant; and
The communication has been published to a third person; and
The communication identifies or is about the plaintiff; and
The communication is defamatory.
within one year from the date of publication has to be filed

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 22 January 2014

1. Documents submitted before the Court /Authority do not constitute as "publishing" as explained by Adv.Ramachary.

2. For defamation to take place, hand-written or printed document/paper must be "PUBLICLY Published", which is not the case when documents are submitted to Court .OR. any Authority.

Keep Smiling .... Hemant Agarwal
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T. Kalaiselvan, Advocate (Advocate) 23 January 2014

I respectfully disagree with Mr.Hemant Agrawal on his opinion namely: Documents submitted before the Court /Authority do not constitute as "publishing" as explained by Adv.Ramachary.

2. For defamation to take place, hand-written or printed document/paper must be "PUBLICLY Published", which is not the case when documents are submitted to Court .OR. any Authority.

Under both the above circumstances, the documents published or intended to be made public by producing before the court or any authority and they contain any defamatory materials harming the name,fame and reputation of the affected person, it can be termed as defamatory and can be sued. Government forum is public and the open court is also public, so defamed before public.