Civil defamation

Jayesh Kumar (Querist) 27 September 2011 This query is : Resolved
Experts Hi,

Per the laws for libel for civil defamation can the petitioner for civil defamation only after the respondent has been punished for defamation or can he file a parallel civil defamation and criminal defamation side by side along each other for the same issue.
2) If the criminal defamation is the earlier petition filed in which the Court has issued u/202 crpc for investigation can the same matter then be agitated again for civil defamation?

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Raj Kumar Makkad (Expert) 27 September 2011
1. Both can be filed simultaneously.

2. Yes. Findings of Criminal defamation are not binding in civil defamation case. Both are separate cases and level of evidence always remains different in such cases.

Guest (Expert) 27 September 2011
I do agree with Shri Raj Kumar Makkad.

prabhakar singh (Expert) 27 September 2011
I find Mr. Makkad squarely right that both civil and criminal proceeding of a defamation
can go side by side and findings recorded by the criminal trial are not binding upon the civil trial,and standard of proof does differ
between the two.

Sailesh Kumar Shah (Expert) 27 September 2011
I agree with common opinion of experts.

M.Sheik Mohammed Ali (Expert) 27 September 2011
yes, i do agree expert query reply

Jayesh Kumar (Querist) 27 September 2011
If in a separate petition Court has ordered investigation u/s 202 crpc before issue notice to respondent upon the criminal defamation. Is it of any relevance in the civil defamation?
2)If the issue of distribution is already pending dispute in another criminal case then can the principles of Res Judicata be invoked for as the basic fact of whether distribution occured or not is in dispute pending in another Court.
3)For the purpose of publishing, I read in some judgement that not all public documents become automatically published, for the purpose of publishing it must be distributed among. (something of this sort). Can any expert clarrify the principle or give any judgement giving me clarity on how can a public document become published. Not all public documents become published on its own accord.

Chanchal Nag Chowdhury (Expert) 27 September 2011
Parallel proceedings permissible.

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