defamation

Querist : Anonymous (Querist) 06 December 2009 This query is : Resolved
i am complainat advocate in the matter of defamation the short detail of that the father in law wrote a letter to her son's wife using the defamatory languagae due to the dispute of family and the letter was addressed to the lady but the mailing address was her father now the question came in the cross that '' the letter is written on the posatal address of the ur father ' complainat replied yes because it is fact NOW WHEN the accused written a letter to the complainat on that time complainat issued legal notice to the accused and accused replied the legal notice and in the said notice reply it was admitted that THE LANGUAGE OF THE DEFAMATORY USED BY THE ACCUSED IS DUE TO ANGER AND DUE TO THE OLD AGE SO HE FEELS SORRY - so it is admission now with the connection of the cross the cross question came from the lawyer of accused to complaiannt that there is no any signature of the accused in the legal notice complainat replied yes would u like to cross( make witness to lawyer ) lawyer complaiant replied yes another cross question by the lawyer of the accused u dont identify the handwritin of of the accused complaiant told that she identifies his (accused ) handwriting and another question came have u taken opinion of the handwriting repy no would u like to take opinion of the handwriting expert complaiant replied yes but sir my query is that in the reply of legal notice the lawyer of the accused admitted that as above stated so it is admission so i think it is sufficient and no need to any other thing except the all complaint pls discuss regards any judgement pls mention regards

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Arvind Singh Chauhan (Expert) 06 December 2009
I agree with you that he has admitted in his reply.After all reply would be sent through his lawyer under his direction. Now How can he deny. You can examine the learned lawyer on this point. It is possible that lawyer would have got the authority letter or Wakalatnama bearing his signature, from him before issuing the reply. Otherwise it is misconduct on the part of lawyer. Is same lawyer who have issued reply, pleading on his behalf ?

Raj Kumar Makkad (Expert) 06 December 2009
Admission requires no other evidence and reply of legal notice is part of the file and evidence so no more evidence is required to prove the guilt of the accused, however, apology is also mentioned therein which cannot be ignored while considering that reply.

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