Civil Procedure Code (CPC)

about defamation against MLA


my father is a contractor. takes work of bt raods, bridges etc he is civil contracter . due to some political reasons and malified intention sitting MLA stopped to release the bills for the works my father did with his influence. even after that ,he alleging on before public in public meetings that the contract is not doing works properly, delaying the road bridges works intentionally. he making my fathers professional reputation damage. how should we move on. can we file damages or defamation suit against him. because of him my father lost reputation in public and loss many works. advice!
 
Reply   
 
Retired employee.

It appears that you are from Andhra Pradesh and during last week APHC passed strictures against Government and commented that "When state government is not a position to sanction those bills since long after the contractors completed the work, how the Government can expect support for the construction of 3 capitals".  Contact that advocate which is dealing with such a case for the possibility of impleading in that case and seek his guidance on such defamation suit.  He may charge a reasonable fee for serving notice.

Before that let any citizen file RTI Application to that authority that awarded the contract  and seek information as follows: 

Subject: Work contract of ......................................awarded to......................................

Information solicited: Please provide the following information.

1.Date of awarding of the contract:

2.Due date of completion:

3.Total value of the contract:

4..Percentage of work completed;

5.Amounts to be paid for the work completed

6.Total bills pending:

7.The payments made since awarding:

8.Since when the bills are pending.

9.Arrangements made for settlement of bills.

10. Reasons for the delay in execution as per records:

Once there is documentary evidence with you in the form of a single document you can seek remedy easily.   Enclose this reply from SPIO with notice.

 
Reply   
 



iam from telangana not from ap.
 
Reply   
 
Advocate

In the given facts, an action for defamation is unlikely to succeed.

 
Reply   
 
Advocate

Section 499 of the Indian Penal Code, 1860 (IPC) states that any person whose reputation has been damaged (or was intended to be damaged) by the material in question has the rights to sue for defamation.
 

it is relevant to advert to Explanation 2 to Section 499 of I.P.C. According to Explanation 2 to Section 499 of I.P.C. when a defamatory allegation or statement of imputation is made against a company or an association or collection of persons as such, may amount to an offence punishable under Section 500 of I.P.C.

Even as per Section 499 of I.P.C. 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 excepted, to defame that person.

If a person complains that he has been defamed as a member of a class he must satisfy the Court that the imputation is against him personally and he is the person aimed at, before he can maintain a prosecution for defamation. In short, the grievance of the complainant should not merely be the one shared by every member of an organized society.

Person aggrieved' means a person who is injured or one who is adversely affected in a legal sense.

Your father can file a defamation case against the MLA

 

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  


 

  Search Forum








×

Menu

Post a Suggestion for LCI Team
Post a Legal Query
Civil Litigation Course     |    x