Defamation case if a person openly defames my reputation
Querist :
Anonymous
(Querist) 09 May 2023
This query is : Resolved
hello, i have 2 shops and they both are on rent to same person from the past year he was not paying rent always delying it..
now today i asked for rent and said said i will return one shop i said no if you want to return then return both and take these goods from here and empty my shop.....And he allegedly said you called my wife and you wanted to make affair with her and he made these allegations infront of everyone they are my local community....and he also mentioned that i have recording and when he was asked to show it he refused obviously there aren`t any recording in his position that were just a false acquisations....now my reputation is harmed.....
these were the all facts and now i want to know what can i do now?
where to file case and everything
please resolve my quarry
thanks
Sudhir Kumar, Advocate
(Expert) 09 May 2023
In case the person before whom he utter verbal insult, are going to be in court then you can move for defamation.
you have to give direct application to the ilaqa magistrate from criminal case.
for civil compensation a separate case will have to be filed.
T. Kalaiselvan, Advocate
(Expert) 10 May 2023
The offence of defamation has three basic components. Making or publishing any imputation regarding any person; Any imputation must have been made by (a) words, either uttered or intended to be read; or (b) signs; or (c) visible representations.
Every man is entitled to have his reputation preserved inviolate - Blackstone J.
We live in a modern age where everyone has the right to live with dignity, honour, and integrity, and thus, the right to reputation should be treated equally to our other fundamental rights such as life, liberty, and property.
According to Section 499, defamation can take place through words spoken or intended to be read, signs, and visible representations published or spoken about a person with the intent of damaging that person’s reputation, or with the sufficient knowledge to believe that the imputation will affect his reputation.
The words “makes or publishes” are highlighted in this section. The essence of the offence is the spreading of injurious imputation.
It is essential that the imputation be transmitted to a third party in order to establish the offence, because the purpose is to incite hatred of others.
You have a good case to file against him.
First you issue a legal notice wait for his reply or apology, if no response from him then you can file a criminal defamation case against him
Dr J C Vashista
(Expert) 10 May 2023
How do you correlate tenancy and uttering such vulgare language to your wife, if so did you call / report to local police?
Sudhir Kumar, Advocate
(Expert) 10 May 2023
Agree with above views..
Your landlord tenant relation (though basis of conflict) are different aspect.
For defamation you will have to prove before the court (before any notice is issued to him) that:-
1. Defendant spoke some defamatory words.
2. Defendant spoke regarding you.
3. Defendant spoke these words in present of third person(s)
4. You lost reputation in the eye of third person(s)
5. THE WORDS SPOKED BY DEFENDENT WERE FALSE.
In the absence of such proof the court will not issue notice to the defendant.
Do you have to measure your steps as to what extent the proposed witnesses are going to stand with you?
Since no views have been sought regarding tenancy issue no views are expressed on the merits of your sand.
P. Venu
(Expert) 12 May 2023
The issue of alleged defamation needs to be dealt independent of the issue of tenancy.
Moreover, pursuing a civil or criminal action of defamation in the instant case is not that easy.
Firstly, are you sure that the persons present on the occasion support your version?
Secondly, even if they lead evidence in your support, the other person can produce evidence in support of your misbehavior with his wife. It is open for him to produce recording or/and to examine his wife as witness.
In such a case, you could be at the receiving end.
If the other person is not paying rent, that itself is a sufficient cause to seek eviction. Petty-fogging incidental or secondary issue would be of no help you in the real sense.
