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defamation suit against news paper

(Querist) 19 November 2011 This query is : Resolved 
I am working as Govt servant. one news paper has published a news containing my name that I used to collect "Hafta". which is personally insulting to me . there is no such evidence occurred , can I file defamation suit against the news paper and concerned representative of the paper?
Isaac Gabriel (Expert) 19 November 2011
Issue Notice first.If not responded to tnder apology, file a case.
prabhakar singh (Expert) 19 November 2011
Rightly said Mr. Isaac Gabriel!

First issue notice and if notice is not responded by tendering unconditional apology
only then you should file suit because unconditional apology is a defence to suit of defamation.
Biswanath Roy (Expert) 19 November 2011
I agree with Mr.Prabhakar Sigh.
adv. rajeev ( rajoo ) (Expert) 19 November 2011
Issue notice to the editor of the paper claiming damages, if they didn't respond file criminal and civl case.
Shonee Kapoor (Expert) 19 November 2011
Agreed with experts.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
prashant pundhir (Expert) 20 November 2011
If the news paper published the news without any reasonable ground like FIR or any other complaint against you,the case of defamation lie on them .It does not any matter that weather there is any representative of that paper or not as the defamation does not lie on any servent or agent .Both civil as well as criminal proceedings can be file simultaneously.Criminal case you can file before the concerned court after issuing the notice .
Shailesh Kr. Shah (Expert) 20 November 2011
Agree with common opinions of all learned experts.
Devajyoti Barman (Expert) 20 November 2011
Mr Pundhir has given good advice.

Often freedom of Press comes in the way of defamation cases.
dev kapoor (Expert) 20 November 2011
Mr.Deshpande,
This is libelous,utterly defamatory.If you feel you have done anything insinuated on you,I approach the proposition differently.Why notice? File a Criminal Complaint u/s.500 IPC directly.Make a statement before the Judicial Magistrate & annex copy of the issue of the NP in which such defamatory item is published.
Indeed you can file a suit for damages.In that case you may serve a notice on the Editor,Printer,Publisher & if the news item is by name,such person needs to be included.But there is no legal necessity or requirement that b4 filling suit of this nature one MUST serve a prior notice.Go ahead.You have a good case u/s 500 IPC.
Advocate Sachdev Bishnoi (Expert) 20 November 2011
this is upon you if you want to serve the notice than ok you can file the complaint after the prescribed time in the notice but in this case you will get the intention of the new paper editor and if you want to file the complaint directly than you can file this all is upon you.
Rajeev Kumar (Expert) 20 November 2011
Agreed with opinion of all expert
Rajeev Kumar (Expert) 20 November 2011
Agreed with opinion of all expert
DEFENSE ADVOCATE.-firmaction@g (Expert) 20 November 2011
Please take care that there is no evidence since now there are accurate and small electronic devices which record every thing even from distance.
LexCollar Law Firm (Expert) 20 November 2011
Agree with Experts....
Prashant Deshpande (Querist) 21 November 2011
thanx to all Experts!


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