Remember | Register | Forgot Password?
Bookmark This Page   RSS Feeds  Follow On Twitter

 

Search for Lawyers          
    



Please Wait ..


Discussion > Criminal Law > IPC > Where to file defamation/malicious prosecution case   Unanswered Threads Post New Topic

Pages : 1 2


There are 10 Replies to this message


SANJEEV KUMAR


STUDENT
[ Scorecard : 560]
Posted On 23 June 2009 at 17:42 Report Abuse

A false case/private case  u/s 156(3)  is filed in district of UP against persons residents of Delhi by one of the member of in-laws of sister just to compel to parents of girl to withdraw 498A case(a very genuine case). They also submitted on the date of bail before the magistrate  that all the accused are known criminals etc etc so bail should not be granted. Where as all the defendents are respectable and well qualified person including 70 year old father and 65 year old mother. The case is under process know. We want to file defamation case. Pls tell me where it will be filed. What is the locus standi in defamation cases. If we file in UP District then we shall have to go the that place from Delhi casusing unnecessary inconvinience

We      



Rajesh Kumar


Advocate
[ Scorecard : 4273]
Posted On 23 June 2009 at 21:12 Report Abuse

Well Sanjeev, in India a case can be filed at any place. Further there is not much cost in filing a criminal case. Even if it is dismissed, the complainant doesnt loose anything. So, dont think much- file a case whereever you wish like.

As you are staying in Delhi, and persons known to you stay in Delhi, the effect of your defamation is in delhi. Cause of action in Delhi. Thus you can file a case in Delhi.

 



Total thanks : 1 times

Legal Fighter


Advocate
[ Scorecard : 1752]
Posted On 23 June 2009 at 21:17 Report Abuse

how does it make defamation? Till the time, some competent court helds that the case filed is false, u won't be able to intiate case of either defamation or malicious prosecution. The facts which u have told doesn't make out any defamation. If u have some other cause action, you may go ahead.


Rajesh Kumar


Advocate
[ Scorecard : 4273]
Posted On 23 June 2009 at 21:33 Report Abuse

In India, 95% of the criminal cases are dismissed. Even if Sanjeev's case is dismissed, it wont hurt the statistics.

Yes, the case of defamation is made out. When we see the definition of defamation, it is any statement made, which is defamatory. A criminal complaint is a statement, certainly a defamatory statement.

Off course the accused has certain exception as defence- truth of the complaint or information to authority. However, as per Section 104 of the Evidence Act, the court shall presume against existence of any such cisrcumstances. Further, onus is on the accused to prove that his case falls under any of the exceptions. So, my friend, at the time of filing complaint process must be issued and trial should be conducted, so that the accused can prove his innocence by proving some exception. 



Total thanks : 1 times

Manish Singh


Advocate
[ Scorecard : 12697]
Posted On 23 June 2009 at 21:54 Report Abuse

Dear Manish,

for defamation u are nt required to wait for the disposal of the case. only for malicious prosecution, u ned to wait for the outcome of the case.  

Dear Mr. rajesh has opined correctly and the opinion is noteworthy.



Total thanks : 1 times

Legal Fighter


Advocate
[ Scorecard : 1752]
Posted On 23 June 2009 at 22:00 Report Abuse

that means the other party can also file for defamation or malicious prosecution for false 498A.


Legal Fighter


Advocate
[ Scorecard : 1752]
Posted On 23 June 2009 at 22:06 Report Abuse

I agree that defamation can be filed but there has be a cause of action for the same. Just filing of a case against defendent doesn't entitle him to file for defamation. SUBJECT : SUIT FOR DAMAGES

 

IN THE HIGH COURT OF DELHI AT NEW DELHI

 

Date of Reserve: January 22, 2009

Date of Order: March 02, 2009

IA No.10367/2007 in CS(OS) 569/2006

Prof. Imtiaz Ahmad ...Plaintiff

Through: Mr. Abhay N. Da, Advocate

Versus

Durdana Zamir ...Defendant

Through: Mr. Bahar U. Burai with Mr. Hanif Mohammad, Advocates

JUSTICE SHIV NARAYAN DHINGRA

ORDER

IA No.10367/2007

1. This suit has been filed by the plaintiff for damages on account of defamation and

for permanent injunction on the ground that defendant filed a complaint before the Crime

Against Women (CAW) Cell allegedly making defamatory allegations against him. The

plaintiff claimed damages to the tune of Rs.20 lac from the defendant.

2. The excerpts of the complaint which, according to the plaintiff amounted to his

defamation and entitled him to damages are as follows:

“(i) On the issue of dowry, my husband’s mother Jamila Begum, Nand (husband’s

sister Rakahanda), Second Nand (Rafia), my husband’s Khala Hasina and second Khala

Sabina and Khaloo Imtiaz Ahmad Ansari raised considerable noise (Hangama) and they

were calm down by efforts of my relatives.

(ii) In my in-laws’ house, my husband’s Khala (Aunt) and Khaloo (uncle), who lives

in JNU, Prof. Imtiaz Ahmad and his wife Sabina has considerable influence (dakhal).

(iii) You are requested to help me………….to see that there is no interference in my

family affairs of my husband’s aunt and uncle who live in JNU”.

3. It is contended by the plaintiff that plaintiff was a highly reputed person. He was a

professor of Sociology at JNU. He was internationally known and was visiting professor

in number of universities in USA, Canada, Italy and UK. He was a man of international

academic standards and had taken part in number of national and international

conferences and was a familiar voice on AIR, BBC, NDTV, ETV etc. He stated that he

had no contact with the defendant’s family or with the family of her husband except that

he had attended the marriage. At one point of time, the relations between defendant and

her husband became estranged and she had come to his house accompanied by her father,

mother and brother and asked him to interfere in the matter. However, since he was not

willing to take any interest or intervene in the matter, he refused. He stated that on the

basis of the complaint made by the defendant, an FIR No.611 under Sections 406, 498A

and 34 Indian Penal Code was registered by the police and he had to obtain anticipatory

bail.

4. It is submitted by plaintiff that in the complaint made by defendant, he has been

portrayed as a perpetrator of dowry demand and in his name Ansari has been deliberately

added since ‘Ansaris’ belong to lower community viz ‘Julaha’. He claimed that he was

renowned social psychologist and because of the assertions made by the defendant in her

complaint to CAW Cell and other authorities, his reputation received severe dent in

academic circles and among his colleagues and also towards the mammoth work that he

has done for the betterment of the society in general.

5. Defendant has made the instant application under Order 7 Rule 11 of CPC stating

therein that the plaint does not disclose any cause of action and was liable to be

dismissed. The claim of the plaintiff was based upon the facts stated in a complaint made

by the defendant to lawful authorities regarding her grievance against her in-laws. The

FIR lodged by her was under investigation and it has not been held by any Court that the

allegations made by the complainant (defendant herein) were false.

6. During arguments, it was also submitted that even if the allegations are taken per

se correct, no case for defamation of the plaintiff was made out from the averments made

in the complaint. Learned counsel for the plaintiff, however, denied that the plaint does

not disclose any cause of action and submitted that the allegations made in the complaint

by the defendant has lowered the image of the plaintiff in the eyes of society.

7. Under law of defamation, the test of defamatory nature of a statement is its

tendency to incite an adverse opinion or feeling of other persons towards the Plaintiff. A

statement is to be judged by the standard of the ordinary, right thinking members of the

society at the relevant time. The words must have resulted in the Plaintiff to be shunned

or evaded or regarded with the feeling of hatred, contempt, ridicule, fear, dislike or disesteem

or to convey an imputation to him or disparaging him or his office, profession,

calling, trade or business. The defamation is a wrong done by a person to another's

reputation. Since, it is considered that a man's reputation, in a way, is his property and

reputation may be considered to be more valuable than any other form of property.

Reputation of a man primarily and basically is the opinion of friends, relatives,

acquittance or general public about a man. It is his esteem in the eyes of others. The

reputation spread by communication of thought and information from one to another.

Where a person alleges that his reputation has been damaged, it only means he has been

lowered in the eyes of right thinking persons of the society or his friends/relatives. It is

not enough for a person to sue for words which merely injure his feeling or cause

annoyance to him. Injury to feeling of a man cannot be made a basis for claiming of

damages on the ground of defamation. Thus, the words must be such which prejudice a

man's reputation and are so offensive so as to lower a man's dignity in the eyes of others.

Insult in itself is not a cause of action for damages on the ground of defamation.

8. Where the words are used without giving impression of an oblique meaning but

the Plaintiff pleads an innuendo, asking the Court to read the words in a manner in which

the Plaintiff himself understands it, the Plaintiff has to plead that the libel was understood

by the readers with the knowledge of subject or extensive facts as was being understood

by the Plaintiff.

9. The plaintiff’s submissions that adding of caste”Ansari” against his name was per

say defamatory is very strange. The plaintiff claims to be the professor of sociology

working for the betterment of the society. If a professor of sociology has a notion and

thought that “Ansari” was a caste of lower class since it represents “Julaha’ community, I

can only take pity upon such ‘highly respected’ and qualified professors’. ‘Julaha’ means

‘weavers’. If those who weave clothes so that men may dress themselves, are of lower

caste than those who get dressed and are ungrateful must be of much lower caste, even if

they are professors. The allegations of plaintiff, who is professor are painful. The

Constitution of India does not recognize that caste of any person confers any superiority

or inferiority on him vis-à-vis others. The Constitution only recognizes deprived classes

under which Scheduled Castes or Scheduled Tribes fall and mandates positive action only

to bring them at par with the other members of the society so that they are not

discriminated by so-called high castes people. If a professor of sociology in our country

has this standard of social betterment, then God help this society.

10. The other imputations made to the defendant are also not defamatory in nature. It

is not the case of the plaintiff that he was not present at the marriage. It is the case of the

plaintiff himself that he attended the marriage of the defendant. If it is stated that a

Hungama was created by many from in-laws of the defendant, including the plaintiff, that

does not mean that the defendant made defamatory imputations against the plaintiff or the

defendant made a statement to cause an adverse opinion or hatred feelings of other

persons towards the plaintiff. As has already been observed above the statement is to be

judged by the standard of an ordinary person. The alleged words must have resulted in

the plaintiff to be shunned or evaded or inculcated a feeling of hatred and condemn. The

plaintiff continues to be the professor in JNU and he continues to a known voice at

different TV Channels. It is not the case that people have abandoned him or boycotted

him because of this imputation. The plaintiff has not named a single person who had

changed his opinion after filing of the complaint by the defendant.

11. Moreover, the defendant had a right to make complaints of her grievances to the

authorities. Whenever a person makes a complaint against someone to the lawful

authorities and in that complaint he makes imputations against the person complained of,

it cannot be considered that the person has publicized or publicly made defamatory

averments against a person. If a prosecution is initiated against the person on the basis of

such averments and the person is acquitted holding that the complaint was false, then

only a cause of action arises against the complainant for launching a case for false

prosecution or for damages on other grounds. Until and unless a competent court holds

that complaint was false, no cause of action arises. Approaching a competent authority

and praying that the authority should come to the rescue of the complainant and prevent

inference of the plaintiff in the family affairs of the defendant cannot amount to a

defamatory imputation per se and even if it is published, it does not tend to show that the

defendant had intended to lower the reputation of the plaintiff.

12. In view of the foregoing facts and circumstances, I consider that the plaint, even if

taken to be true, does not disclose any cause of action against the plaintiff. The suit of the

plaintiff is liable to be dismissed and is hereby dismissed.

Sd/-

SHIV NARAYAN DHINGRA J.


Manish Singh


Advocate
[ Scorecard : 12697]
Posted On 23 June 2009 at 22:08 Report Abuse

yes if the case is false you can file  a cse of malicious prosecution and for defamation you must prove that the said actio of the accused has caused ypu  injury or damage.


Manish Singh


Advocate
[ Scorecard : 12697]
Posted On 23 June 2009 at 22:12 Report Abuse

yes its a good case but please go thru it thoroughly to understand the cause of action in case of defamation


Rajesh Kumar


Advocate
[ Scorecard : 4273]
Posted On 23 June 2009 at 22:46 Report Abuse

Well "cause of action" is a requirement of civil suit, in criminal cases the offence must be made out. Thus even if you have a cause of action, but theoffence is not made out, no complaint can be filed.

Even on cause of action, the HC order is perverse and erroneous. Civil action and criminal matters are independent of each other, even when same fact ae underlined as the requirement of proof is different. Both the action can be pursued simultanously. Both the action can be conducted simultaneously, even if parties are different end in the actions.

Merely because a criminal prosecution fails, is not a cause of action for claim of malacious prosecution. Cause of action for malacious prosecution starts on the day malacious prosecution is launched, and not on the day malacious prosecution fails. Off course, malacious prosecution being continuing offence, for calculation of limitation period it will start from the date of failure of malacious prosecution.

The honble High Court is also saying that the plaintiff has failed to prove its case. When the case is to be decided on the basis of evidence, it cannot be dismissed in limine. You cannot say there is no cause action and then say there is no evidence. Further' defamation has happened or not is not be decided on the personal opinion of the court, but based on solid evidence. I disgree with the judgment.

 




Related Files



Previous Thread
Previous
Next Thread
Next

Related Threads


Post your reply for Where to file defamation/malicious prosecution case



Your are not logged in . Please login to post replies

Click here to login


Not a member yet ?? Click here to signup

Message







    

  • This is a public forum. Avoid posting content which you do not wish to disclose in public.
  • Use thank button to convey your appreciation.
  • Maintain professionalism while posting and replying to topics.
  • Try to add value with your each post.





Subscribe to the latest topics :


Forum Home | Forum Portal | Control Center | Who is Where | Popular Threads | Today's Topic | Recent Posts | Today's Posts | Post New Topic | Thread With Files | Top Threads - Month | Unreplied Topics | Forum Stats


web analytics