defamation suit for malicious legal notice???

ganesh (Querist) 17 July 2009 This query is : Resolved
halo seniors,
a legal notice was sent to my friend which was out of jealous and malicious intention, can we take it as a libel and file a suit for defamation on that person (not on the lawyer who sent the notice) ??? on what grounds we can get compensation, pls explain with available C/L

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Kiran Kumar (Expert) 17 July 2009
Dear Ganesh,

how will u make out a case for defamation?

if merely sending of legal notice has to be considered as defamation then how the people will be able to enforce their legal remedies.

just consider the notice was served upon ur frnd in individual capacity, it was not published or meant for public reading.

and to this legal notice ur replied and u can reply as hard as possible as per the circumstances.

at the maximum u can ask for recovery of professional charges as charged by the lawyer.

it was a mutual interaction and also it did not resulted in any frivolous litigation....so in my opinion no case for defamation is made out.

Message likes : 2 times

ganesh (Querist) 17 July 2009
dear Mr.KK, thanks for ur reply. It ends up in a frivolous litigation. While acting as a of caretaker/secretary of an association he was issued such notice.
For a common problem of residents my friend has acted upon, for that he was issued that legal notice, later decided in a committee meeting the reply notice was served with the capacity of secretary of association.
And the most important is, he accepted in open and had taken open apology.. But his personal behaviour doesn't change, my friend is deeply hurt by this,, can we go ahead in filing???

Jayashree Hariharan (Expert) 17 July 2009
As far as my knowledge goes, legal notices are sent, either with true facts, or just to take advantage, as can be seen in some of the cheque bounce cases.

Jealous and malicious sentences in legal sentences does not amount to defamation.

Message likes : 1 times

M. PIRAVI PERUMAL (Expert) 18 July 2009
I agree with Mr. Kiran.

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