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KNK A Learner (Learning to share)     21 March 2011

Jurisdictions for filing Defamation and Malicious Prosecutio

My whole family was falsely implicated in 498A Case who are residing in Different towns on Oct 2010. I have solid proofs to prove it as false. When to file the Perjury, malicious prosecution, Defamation and its limitation. Also please guide me with Jurisdiction also. My sisters are residing in different towns. Can they file from their own place and can i file from the place where i last reside. She file case in her home town.



Learning

 8 Replies

pratik (self working)     21 March 2011

Go Defamation as per refer section 499 of the indian Penal Code, 1860.

 

Also want to known the meaning of malicious prosecution ?

KNK A Learner (Learning to share)     21 March 2011

Can i file now for Defamation and let me know jurisdiction?

Thanks in Advance

Legal Fighter (Advocate)     21 March 2011

jurisdiction is the place where casue of action has arisen. so u can file it where defamation has taken place.

Legal Fighter (Advocate)     21 March 2011

u have to plead in your plaint the cause of actions by which the defamation has taken place. prima facie your complaint will be treated as true, so if you want to file it from some specific place, you must have averments making cause of action at that place. i hope u understand.

pratik (self working)     21 March 2011

But what about

 

Also want to known the meaning of malicious prosecution ? Pls Example is a must .

 

Hardik Mehta (Family Counsellor)     22 March 2011

KNK,

It is better to file the perjury after her statement and cross examination of the wife and all the witnesses. This would be the major blow to them at this stage. Do not show any evidence till this stage.

 

Deframation can be filed after you have won the case and all the allegations are proven wrong. Malicious prosecution can also be filed at the same time of deframation.

Hardik Mehta (Family Counsellor)     22 March 2011

You need to file these cases from the place where she has filed the case, as this would be more effective. Other places will not much indulge in these matters

pratik (self working)     22 March 2011

Thanks a Million Sirji

So sir u mean to say that defmamtion cases can be filed after the cases is won & not before that & also if the all the allegations are proven wrong. Right ? Were it has been said that we can't file a case during the proceedings & remain shut till the case is over  ?  Sirji also Pls request meaning of Malicious prosecution Pls ? With the hel of a example ? Also sir if possible the difference between Malicious prosecution  & defamamtion becasue Malicious prosecution  is not defined under any act Sir pls it is a kind request ?

pls sir ma na samjao ?

God Bless U.


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