Defamation

Naveen Kanth Dasari (Querist) 01 May 2015 This query is : Resolved
Hello Experts,

I have a query regarding the maintainability of a defamation suit.

I am a practicing advocate in Hyderabad and last week one of my client had faced an embarrassing situation in the hands of RTA(Road Transport Authority).

The facts of the case is:
My client is a reputed industrialist in Hyderabad and owns properties in Hyderabad.
Last week my client was traveling in Hyderabad City with his family in his personal car which is of Karnataka Registration and meanwhile in the road the RTA inspector stopped him and ask to show the car documents, obliging to his order my client showed all the documents and was up to the mark, the only fault was he did not pay the road tax, but on demand he even paid the tax on the same day.
Now the point is as the tax was not paid the inspector seized the car in the middle of the road and also used abusive language and asked my client to collect it in the RTA office after paying the tax and when my client went to the RTA office to pay the tax, the inspector again used abusive language and also hurt his reputation in front of other people present in the RTA office.
Now the point is can we file a defamation suit against the inspector as my clients reputation was hurt when the inspector seized the car in the middle of the road in front of the public as he was traveling with his family and even his family was made to get out of the car and also for using abusive language.

Thank You,

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Sudhir Kumar, Advocate (Expert) 01 May 2015
SEIZURE OF CAR IN MIDDLE OF ROAD --- NO DEFAMATION CAN BE MADE IT IS YR CLIENT WHO EVADED ROAD TAX.

Abusive bahaviour ----- if proof is there this can be subject to disciplinary action and defamation can be considered depending upon the choice of words. please also so if you can bring in S-323/326 if your client is mentally hurt by this.

adv. rajeev ( rajoo ) (Expert) 01 May 2015
He can file but it requires wittnesses.

Rajendra K Goyal (Expert) 02 May 2015
No case lies for seizure of the car. If proof available, for abusive language suit can be filed.

T. Kalaiselvan, Advocate (Expert) 04 May 2015
Gather witness, secure them and go for defamation case against the officer in his individual name and not on his designation.

Biswanath Roy (Expert) 05 May 2015
Both Civil and Criminal liabilities lies for defaming your client publicly which are to be proved by person witnesses.