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Nilesh (Owner)     11 December 2011

Defamation

One person has filed a compliant / letter while demostration of EVM to a Returing Officer allegation that the voting machine was nt proper n every casteed vote goes to a particuar party. in fact while demostration RO has not publish original name of candidates n political party how ever one candidate filed objection n alleged a particur party. 

there after one leading news paper has also publish a defamatary news giving refferance of that complaint in fact no contents was written in that objection. 

my question is that, whether that person is liable who filed objection befor RO for defamatary suit along with editor of news paper?



Learning

 3 Replies

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     11 December 2011

my question is that, whether that person is liable who filed objection befor RO for defamatary suit along with editor of news paper?

 

Ans: Not Liable. 
This is in Public Interest, and RO required to take care. Nothing wrong raising your doubts. 

Sudhir Kumar, Advocate (Advocate)     11 December 2011

for proving defamation one has to prove five points :-

(1) allegation was against the applicant

(2) allegtion was by the defendent

(3) allegation was transmitted to or through third party

(4) the reputation of the applicant is lowered in the eye of persons who hear or ready the allegation

(5) allegation was false as well.

Nilesh (Owner)     11 December 2011

Allegation was flase.

news paper published which was nt written in objection. 


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