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Anurag (Assoicate)     08 September 2009

Company can file defamation complaint

I want to know whether company can file defamation complaint / suit against individual or not.



Learning

 9 Replies

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     08 September 2009

ys it can. coz in the eyes of law company is also an idependent identity.

Anurag (Assoicate)     09 September 2009

is there any judgement is support of it.

vinjamuri ranga babu (advoctes/attorneys)     12 September 2009

hello,

yes, the company can file defamation

vr

PRAKASHCHANDRA MARU (lawyer)     14 September 2009

YES I AGREE WITH MR GROVER

 

Anurag (Assoicate)     17 September 2009

i need supporting Judgment on the same.

N.Ramakrishnan (Advocate/ Senior Partner)     17 September 2009

Dear Anurag,

I tend to agree with all my friends who are of the view that a Company can indeed sue for defamation. I am not able to recall off hand of any judgments on this issue. However, I remember that TVS Motors recently sued Bajaj Auto for defamation claiming damages of Rs.250 crores. Similarly, Google was sued by a Bombay based company for defamation. You can follow these cases for further info.

Thanks

Ramakrishnan, ADV


(Guest)

Yes

1 Like

Mehak cehal (law student)     29 July 2011

HOW TO DRAFT A DEFAMATION CASE FOR REPUTED COMPANY

THANKACHAN V P (Advocate & Notary)     29 July 2011

 

 

If the company can be proceeded against, the company can file suit for defamation

 

2006 (3) KLT  335

Hon'ble Mr. Justice K. Padmanabhan Naira

Mammootti v. Rajaji Mathew Thomas

Crl. M.C. No.1725 of 2004

Decided on 5th June, 2006

 

 

Penal Code 1860, S.499 -- Intention to harm reputation and to give publicity to imputation are essential requisites to constitute an offence of defamation.

 

The essence of the offence of defamation is the intention to harm the reputation and it necessarily requires the publicity to be given to the imputation. The essence of the offence is that the imputation must have been made either with the intention of causing harm or knowing or having reason to believe that such imputation would cause harm to a person. (para. 14)

 

Penal Code 1860, S.499 -- Prosecution for committing offence of defamation can be initiated against a Company also.

Defamatory statements can be made against a company of class of persons also. The Explanation only explains that a company or an association or collection of persons may maintain an action for defamation. There is no reference as to what is the position when the allegation is that defamatory statement is made by a company or association or collection of persons. The word 'Company' is not defined in the Indian Penal Code. But in view of the definition given to the word “person”, a company will also come within such a definition. If a juridical person can maintain an action, such an action can be maintained against a juridical person also. The Company can also be prosecuted for committing an offence of defamation in view of the second explanation. (para. 14)
 
3 Q.B.223; 4 QBD 310 & 9 Q.B. 315 Relied on
 

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