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suresh (hhh)     05 March 2010

anyone won defamation case against false dowry case?

Have anyone won the defamation case against false dowry case filed by wife? please pass me the judgement..thanks



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 10 Replies

Aftab4u (PVT EMPLOYEE)     05 March 2010

Dear Suresh,

 

Dont think so, as our law is always women oriented. If some one won the DV case that is a million $$ lottery for him.

 

Njoy dude.

 

Aftab

suresh (hhh)     09 March 2010

Yes Prabhakar...Can anyone help me on this ??? Please

suresh (hhh)     11 March 2010

Can anyone help me on this???????? seems noone won the defamation case against false 498a?

Parth Chandra (none)     11 March 2010

I am wondering that no-one knows a single case.....then on what bases a male can think of even filing such case and spending years and thousands of money behind them .. if they can't get a single case.

Kulveer ( )     11 March 2010

Hi I don't know about experts but personally I will suggest to go for it ther is nothing like "you can't win it". This is the only way to stop this legal terrorism. Regarding no one filed such case, it doesn't matter, everything starts first time. I am also in the danger of being implicated in false 498A, if this happens to me then I will surely file all sort of counter-cases , defamation, malicious prosecution cases, prejury etc. Here are some links showing counter cases:- https://www.hindustantimes.com/News-Feed/newdelhi/Case-boomerangs-on-dowry-givers/Article1-356022.aspx https://www.saveindianfamily.org/about-us/siff-news/350-man-moves-court-against-wife-in-false-dowry-case.html https://timesofindia.indiatimes.com/articleshow/msid-4626182,prtpage-1.cms https://blogs.siliconindia.com/Dowry

Gundlapallis (Advocate)     16 March 2010

 Supreme Court in Santokh Singh Vs. Izhar Hussain and another .

     ".......Every incorrect or false statement does not make it incumbent on the court to order prosecution. The court has to exercise judicial discretion in the light of all the relevant circumstances when it determines the question of expediency. The court orders prosecution in the larger interest of the administration of justice and not to gratify feelings of personal revenge or vindictiveness or to serve the ends of a private party. Too frequent prosecutions for such offences tend to defeat its very object. It is only in glaring cases of deliberate falsehood where conviction is highly likely, that the court should direct prosecution."
 

 

So, answer to your question depends on the observations made in the order of acquital of the trial court.  


(Guest)

Sh. Gudlapallis ji,

Why one need "reasoning part of the acquital order" to frame defamation case. Actually a case of defamtion can always be filed even before acquital and it will be fuel when acquital Order copy is supported as additional evidence into the already filed defation case.
What you observe in above syggestions please?
Rgds,

Gundlapallis (Advocate)     29 March 2010

Dear Arun Kumar Ji,

 

One can get acquitted because of two things that might happen in a case, 1. Failure of prosecution and 2. The accused proves himself that he is not guilty.

In the first case, it is not that the accused is acquitted because he has convincingly proved he is not guilty - So the court observation will only be to that effect.  In the second case, the court is convinced that the accused is not guilty and its judgement eloborately cover its findings and observations of the case.

Now coming to answer your question: Yes at anytime you can file a defamation case.  But the case found on acquital order of 2nd type is likely to succeed or as you said will add fuel if the defamation case is already in progress.  But , if you start a defamation case, then you get an acquital order of 1st type - its no fuel.


(Guest)

Dear Sh. Gudlapallis ji,

Thank you for placing insight into the subject question. Not it is more clear even to me why, when and how part of it :-)
Rgds


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