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subhashgan (partner)     27 March 2011

defamation

Hi,

An incometax survey was conducted in our jewellery business premises . This survey continued for one day and nothing was found by the incometax department and they are saying that they are still in the process of evaluation and enquiry.

In the mean time one day after the survey a certain newspaper carried an article based on a oral  statement of the    income tax officer  that evidence was found against the firm involving in illegal hawala transaction and computers were being scanned for finding out countries where these transactions are taking place (which he denied when contacted).

This article has caused disrepute to our otherwise clean image  and is a matter of concern to us and has troubled us a lot .I would request my friends  to please advice me what are my options legally



Learning

 2 Replies

pratik (self working)     28 March 2011

Yes For Defamation As per section 499 of the IPC, 1860. 

1) But before filing the case for section 499 first read the section 80 CPC, 1908 & also section 197 Crpc, 1973.

as matter is concerned with the IT department or we can say the IT employee so whether point no. 1) exist or not little bit dought .

Let see what our learned members has to say in the above mentioned topic. 

 

God Bless.

manan (partner)     28 March 2011

Thank you sir for your reply.

I also wanted to know if we can sue the newspaper for damages for printing news without verifying the facts?

thank you


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