498a victim (job) 13 May 2017
Respected All,
i have posted earlier i have filed quash application in aurangabad high court as my case is going on in nandurbar, maharastra
I need to know that if my brother whose name is wrongly involved as he is not staying with us gets aquinted from the case
and if he want to file defamation case on them can he file?
if yes that necessary to file case in nandurbar only or he can file the place where he currently resides
Thank you in advance
Ronak Modi
dr g balakrishnan (advocate/counsel supreme court) 13 May 2017
sir, first you move the very hon court how your brother is not involved by producing relevant evidentiary value documents thaen assessing them the very court can remove his name, first attemot that after that is done see is it worth for a dfamation issue, then decide later.tks
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 15 May 2017
Defamation can not be filed on acquittal/ dischare/ quash alone.
One need to show how defamation happened, how it impacted the person and based on many such components.
Corner stones are:
- False statement with intent to injure
- Such statement was willfully given for injuring the reputation
- The reputation was so tarnished.
Mere acquittal/ quash/ discharge on the basis of not been able to prove the case does not give rise to defamation. Sit with someone who knows about this with complete facts and decide future course of action.
REgards,
Shonee Kapoor
www.shoneekapoor.com
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