Defamation suit
Querist :
Anonymous
(Querist) 15 January 2012
This query is : Resolved
1. I have made a complaint to Sarpanch regarding removal of encroahcment.
2. In reply the Sarpanch in his letter to complainant, has addressed complainant "Irresponsible person"
Query
1. Can I file Defamation Suit.
2. What will be jurisdiction of that suit, as complainant is from Town A and sarpanch is from Village B.
3.What will be criteria for damages, as the property in which encroachment is done is around Rs.60 lakhs.The property belongs to State Governmnet.
4.Will suit, if filed, will be in the personal capacity or against sarpanch i.e. government servant.
5. Can I claim some benefit from such complain , bcoz of my complain such irregularity will be unleashed and Govt, treasury benefited. Thankyou.
Sudhir Kumar, Advocate
(Expert) 15 January 2012
For defamation case you have to prove 5 things
(i) allegation is made against plaintiff
(ii) allegation is by the defendant
(iii) allegation is communicated to (or through some other person)
(iv) allegation resulted in plaintiff loosing respect
(v) allegation is false.
If this letter is typed by some other person, send open or copy marked to some other person than the plaintiff then the allegation is complete if the allegation which you made “regarding encroachment of land” is not false. Otherwise action for demotion can lie against you.
If you intend to file criminal application against sarpanch then the authority competent to remove him from post of Sarpanch has to give a sanction without which criminal court will not take any cognizance. For civil suit such permission may not be needed but you have to bear court fee depending upon the damage of respect you claim and not dependent on the price of land on which the dispute is there. Civil suit will be filed both against Sarpanch in person and Panchayat. Criminal case is not filed on any body corporate it is always against “Shri ______ s/o _______ r/o ________ aged ______ caste ______”
The dispute of encroachment is a separate case.
Yu cannot make any benefit from such complaint, except damages that the court may award against the Sarpanch.
If the Sarpanch a Public Servant by misuse of official position is encouraging or abetting encroachment then he is criminally liable under Prevention of Corruption Act as well.
ajay sethi
(Expert) 15 January 2012
has the sarpnach in his letter denied any enroachment ?
what are the contents of letter . ?
filing a defamation suit ie suit for damages may not serve the purpose .
if sarpanch is not taking anya ction against enroachment and is abetting encroachers you cna complain to superior authorites against sarpanch .
raise the issue in press .
you will save lot of time and money . suit for damages take 20 years in mumbai to be disposed of
Nadeem Qureshi
(Expert) 15 January 2012
Dear Querist
Mr. Sethi is absolute right and I agree with him. but for your setisfaction you can file a complaint against supunch before senior authorities or you can send an application to SDM/DM for this encrochment.
Feel Free to call
Raj Kumar Makkad
(Expert) 15 January 2012
Why we experts are suggesting the querist otherwise without coming to his direct question first?
Writing a word 'Irresponsible person' is not a defamation rather this may be an assessment of a person about you. You cannot force a person to frame a good image about you. He is free to deem you as an irresponsible person and can also communicate accordingly which he did in the given matter.
Now it is your turn to realize about your status. You now follow the advice to get such Sarpanch dismissed on some other grounds than the word uttered to you. He shall call you responsible person on the day you succeed to damage his status.
Devajyoti Barman
(Expert) 15 January 2012
Yes, Mr Makkad is right.
If you file such case it would fail hopelessly as it is not a case for defamation.
You can file appropriate suit to remove the encroachment or Writ against the Panchayat authority.
Focus at the right forum not to the trivialities to take care of your mere ego.
Sushil Sharma
(Expert) 15 January 2012
forget defamation. if you wants to teach a lesson to sarpanch use RTI Act.
i send two corrupt sarpanch behind the bar using the act.
Shonee Kapoor
(Expert) 15 January 2012
Sufficiently guided.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 15 January 2012
Kindly Find my replies:
Expert Sudhir kumar
(i) allegation is made against plaintiff
Yes
(ii) allegation is by the defendant
Yes
(iii) allegation is communicated to (or through some other person)
The letter was sent to plaintiff by Regd. A.D. at his address and copy marked to the defendant's
higher authority.
(iv) allegation resulted in plaintiff loosing respect
I felt dishonored & humiliated, reducing my self esteem
(v) allegation is false.
It is proved beyond doubt. Actually after my complaint to higher official against sarpanch. the same authority(Sarpanch) have issued notice for removal of encroachment.
Expert Ajay Sethi
1.has the sarpnach in his letter denied any enroachment ?
(No, in fact he has admitted encroachment in his letter.)
2. what are the contents of letter . ?
(Will mail you sir )
3. filing a defamation suit ie suit for damages may not serve the purpose .
(Than what to do?)
4. if sarpanch is not taking anya ction against enroachment and is abetting encroachers you cna complain to superior authorites against sarpanch .
( Done that, higher authority called for explanation and thereafter Sarpanch have issued notice for
removal of encroachment.)
5. raise the issue in press .
you will save lot of time and money .
( Please guide me)
6. suit for damages take 20 years in mumbai to be disposed of
( I am not interested in damages, but wanna stop corrupt practices of Sarpanch, he is acting like Dictator in that village in short)
Expert Nadeem
but for your setisfaction you can file a complaint against supunch before senior authorities or you can send an application to SDM/DM for this encrochment.
(( Done that, higher authority called for explanation and thereafter Sarpanch have issued notice forremoval of encroachment.)
Expert Raj Kumar Makkad
1. Writing a word 'Irresponsible person' is not a defamation rather this may be an assessment of a person about you. You cannot force a person to frame a good image about you. He is free to deem you as an irresponsible person and can also communicate accordingly which he did in the given matter
(Section 499. Defamation
Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person.----------)
2. Now it is your turn to realize about your status. You now follow the advice to get such Sarpanch dismissed on some other grounds than the word uttered to you. He shall call you responsible person on the day you succeed to damage his status.it is your turn to realize about your status. You now follow the advice to get such Sarpanch dismissed on some other grounds than the word uttered to you. He shall call you responsible person on the day you succeed to damage his status.
(It is proved beyond doubt. Actually after my complaint to higher official against sarpanch. the same authority(Sarpanch) have issued notice for removal of encroachment.)
Expert Devajyoti Barman
1. Yes, Mr Makkad is right.
If you file such case it would fail hopelessly as it is not a case for defamation.
( I tend to differ on this view )
2.You can file appropriate suit to remove the encroachment or Writ against the Panchayat authority.
( Planning & Finalizing on it through ur opinions experts)
3.Focus at the right forum not to the trivialities to take care of your mere ego.
( It is fighting against mean & corrupt practices of individual placed in high ranking govt. offices, BTW this is my hobby and not ego)
Expert Sushil Sharma
forget defamation. if you wants to teach a lesson to sarpanch use RTI Act.
i send two corrupt sarpanch behind the bar using the act.
( Hmm so far 600 + RTI application 170 1st Appeals & 40 IInd Appeals( Around 18 Pending )
( I don’t want to teach anyone anything, I want this govt officials to do their work on proper comportment , don’t harass or harm to individuals having less knowledge , time, money & patience to fight against them.)
Expert Shonee
Sufficiently guided.
( No, ur reply is awaited always )
M/s. Y-not legal services
(Expert) 16 January 2012
dear author.,
if we are fighting and blamed/abused each other mean its can not be treated as defamation..
like that sarpanch sent a letter to you.. that particular letter only for you., how you lost your fame before others.?
in case if its happened through daily news paper or any other media source mean you can take this plea..
so just try to bring this issue to his higher officials.,
its only your remedy now..
-tom-
Deepak Nair
(Expert) 16 January 2012
Simply the case of defamation does not araise in the present issue.
because the complainant were addressed through a letter and none other than the complainant will be aware of the contents of the letter unless the receipient of the letter discloses the same to others.
prabhakar singh
(Expert) 16 January 2012
we have no objection if you file a defamation case.When you are firm,why seeking opinion.
V R SHROFF
(Expert) 16 January 2012
Forget Defamation: it is useless.
Talk to Sushil Sharma, may help you.
Sudhir Kumar, Advocate
(Expert) 16 January 2012
If this letter is typed written /scrcirbed by some thrid persons or if the copy of the letter is makred or read by some othger persons only then you can think of defamation.
Querist :
Anonymous
(Querist) 16 January 2012
Experts
The said letter was marked to the Block Development Officer(Panchayat Samitee)
Deepak Nair
(Expert) 17 January 2012
I repeatedly say that this is an internal document and the scope of defamation does not araise in the present case.
