Deffamation suit
Narayan
(Querist) 13 November 2016
This query is : Resolved
Dear Professional
Please note that I am going to file a defamation suit against a girl employee who is working with me .
Can my lawyer make a condition saying that no enquiry should be made in Office , if any enquiries done at office will be charged under condemn of court, and officers incharge will be charged under condemn of court
Devajyoti Barman
(Expert) 13 November 2016
No such condition can be filed in court.
You are seeking remedy.
You can not file a suit which is in restraint of legal proceeding.
Guest
(Expert) 13 November 2016
Noted, as per your instruction that you are going to file a defamation suit against a girl employee who is working with you.
But about your query, "Can my lawyer make a condition saying that no enquiry should be made in Office , if any enquiries done at office will be charged under condemn of court, and officers incharge will be charged under condemn of court," why not ask this question to your own lawyer, as you are going to hire to file a defamation case?
Narayan
(Querist) 13 November 2016
Yes, I am going to hire a lawyer , Please advise as an expert Mr.P.S.Dhingra
Narayan
(Querist) 13 November 2016
@ Devajyothi ,
Sir, Please note that i require it to be legally proceeded only in court not at my office >>>>> Can it be made as clause in legal notice
DR.VEDULA GOPINATH
(Expert) 14 November 2016
Mr. Narayan
1. Why not you take action against the erring employee as per your service rules.
2. Have you taken any action against the erring employee under employment condition.
3. If you opt for civil court or criminal court for defamation, the Hon. Court is having power to make enquiry/investigation and you can not question the right of the court for enquiry. However, you can pray the Hon. Court to avoid your office premises in view of the reputation of your organisation and suggesting other employees to give evidence, if required.
4. I suggest you take action under service rules and take disciplinary action including tendering unconditional apology from the erring employee.
cs dr vedula gopinath advocate/arbitrator
vgnath@gmail.com m9866013121
Guest
(Expert) 14 November 2016
Mr. Narayan may not be having any confidence over the designated disciplinary authority.
Anyway, he should come out clearly with clarification on the following points:
1) Whether he and the defamation girl are working in a Government or private organisation?
2) Describe the nature of act of the girl to which he treats as his defamation?
3) Why he does not want the inquiry of misconduct of the girl not to be conducted by the department?
4) How he considers the contempt of court to happen, if the inquiry is conducted by his department?
Guest
(Expert) 14 November 2016
Mr. Language editor of unspent young force is invited to provide transcribed version of my bad language post in to good language version for the benefit of the author.
R.K Nanda
(Expert) 14 November 2016
nothing to add more.
Rajendra K Goyal
(Expert) 14 November 2016
Repeated query, no reply:
http://www.lawyersclubindia.com/experts/Deffamation-suit--622926.asp
Sudhir Kumar, Advocate
(Expert) 14 November 2016
basically no facts are stated. Hence I am not able to agree or disagree with any expert.
Sudhir Kumar, Advocate
(Expert) 14 November 2016
Please elaborate:-
who defamed you.
how defamed you
when defamed you
what is the evidence you have.
Kumar Doab
(Expert) 14 November 2016
You are yet to file a complaint and court has not pronounced any order.
So there is NO contempt.
Since you have posted that girl by her statements has defamed you.
So you are aware what are her statements and where she has lodged her statements.
You have been advised by expert Dr.Vedulla Gopinath.
You may revert to points raised by expert Mr. Sudhir Kumar.
Kumar Doab
(Expert) 14 November 2016
If you are at the location of expert Mr. Devajyoti Barman, Dr. Vedulla Gopinath...............you may discuss with them.
J K Agrawal
(Expert) 14 November 2016
File a suit in court. What is problem? no body is coming to your office. You and your witness are to go to court. You have absolutely no problem.
ramesh
(Expert) 14 November 2016
No such condition can be made.
Narayan
(Querist) 14 November 2016
Thank you all for the wonderful replies..
Hemant Agarwal
(Expert) 15 November 2016
1. In a "private defamation" matter (civil /criminal courts), there is no "enquiry" by anybody, as hallucinatingly thought of by the queries t. Hence there is no question of "charged under condemn of court, and officers incharge will be charged under condemn of court" as made out by the queriest.
Probably, Knee-Jerk egoistic reaction. Getting carried away. Infructous thoughts to dictate the law.
2. The Complainant (applicant) is to collect & provide & lead all the available "documentary evidences", against the accused (respondent), in Court, at his own cost and consequences, by following due procedure of law (CPC, CrPC, Evidence Act).
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Sudhir Kumar, Advocate
(Expert) 15 November 2016
The author is yet to indicate facts which determine whether at all any defamation is there or whether there is evidence to that effect.
Kumar Doab
(Expert) 15 November 2016
Would you like to share the full facts of the matter!
Rajendra K Goyal
(Expert) 15 November 2016
Clear material facts not disclosed.
Reply the questions from expert.
