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delta08   26 June 2016

Defamation

my friend's brother's wife file false 498a on 5members including my friend.all got bail.chargesheet filed.in chargesheet friend' name discharge bcoz he was not stayed with home.now my friend request his lawyer to file defamation,but lawyer not agree.what is the reason?


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 11 Replies

Sudhir Kumar, Advocate (Advocate)     27 June 2016

lawyer not agree.what is the reason?

 

THE REASON IS THAT THE LAWYER GOT HIS LICENSE AFTER PASSING LLB.

Sudhir Kumar, Advocate (Advocate)     27 June 2016

FOR FILING DEFAMATION ONE HAS TO PROVE TAHT THE ALLEGATION WAS FALSE.  RIGHT NOW THE MATTER IS SUB JUDICE IN ONE COURT AND OTHER COURT WILL NOT TRANSGRESS INTO JURISDICTION OF OTHER COURT.

 

If  the whims and facies of the accused could be so well honoured then there would be no FIR as every complainant could be in jail on next day on defamation charge.

 

So as long as you are not acquired please note that for you word DEFAMATION doe snot exist in dictionalry

 

 

AV Bagur Advocate (Advocate )     27 June 2016

Try some other lawyer.  Other than  defamation, there are other very effective options open in this matter.  

Nitish Banka (lawyer)     27 June 2016

pending trial you cannot initiate defamation proceedings and merely charges not proved does not amount to defamation.

Warm Regards
Advocate Nitish Banka
9891549997

delta08   27 June 2016

thanks for valuable advice.but anybody can suggest my friend suffered mentaly and economically three month.every week attended two day at local police station.is there any option he can take against them.

Sudhir Kumar, Advocate (Advocate)     28 June 2016

"is there any option he can take against them. "

 

against whom?

 

complainant or police.

Sudhir Kumar, Advocate (Advocate)     28 June 2016

Originally posted by : Nitish Banka 9891549997
pending trial you cannot initiate defamation proceedings and merely charges not proved does not amount to defamation.

Warm Regards
Advocate Nitish Banka
9891549997

Agreeing I will add that.

So as long as you are not acquitted please note that for you word DEFAMATION doe snot exist in dictionary.

 

Opinion of your lawyer is correct.

Sudhir Kumar, Advocate (Advocate)     28 June 2016

 

Further, sometimes Police/complainant are not very serious about proving charges and accused gets away by way of their stupidity/laxity/lack of interest. 

 

In case he accused already intimates that on acquittal he will sue for defamation then they have impetus to vigorously follow charge and ensure conviction.

 

Choice is yours

delta08   28 June 2016

Dear sudhir sir

Defenitely my friend like to file the case against brother's wife and her family.IF defamation is not possible any other option is there during trial.my friend is bachelor and detached from his family since 16teen years.he dedicated his life only to serve for the distress people.that's why we all at his side.he is very innocent person.inspite of this he suffered this type of harrasment.please suggest how he can punish those cruel people?

Sudhir Kumar, Advocate (Advocate)     29 June 2016

This forum cannot advise you to file premature cases.

 

get acquitted and see if any money or energy is left out.

delta08   29 June 2016

thanks all of u for great suggession


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