Defamation

Originally posted by : Ekta
	It’s enough we had parleyed about this topic. I strongly support Sudhir's Sir & the other's view, that its not a right time to file the lawsuits. But wait for the right time to arrive. By simply filing a lawsuit of slander will not give you any succor, but you should have to wait till the disposal of the sheath. Until then, your slander lawsuit might make a halt, with a cause that "Matters are considered to be sub judice" Rest depends on the querist.

 

@ Ekta,

 

I beg to defer as

 

"Matters are considered to be sub judice"

 

Neither in 340 CrPC nor 499 IP it is written that aforesaid augments is enough for not to proceeds with lawsuit of perjury and defamation.

 

Hence it is your own imputation - right?   I guess, you understand that no judge, lawyer is beyond the law and law is not your mere imputation.

 

 

Hope you understand the meaning of imputation in terms of law. Imputations are similar to accusations which is not proved yet and intended to harm.

 

 

As I have already mentioned above, any malicious imputations (Which is not proved yet) are liable for both defamation and perjury.

@Rocky,

Can you please furnish us some reference cases similar to this, where 498A accuse has filed a defamation and perjury lawsuits against the 498A prosecutrix, when the matters are sub-judice.

                                                                                                                                                    

Regards,

Ekta

 

 

One Simple query:

wife filed sec13 in january 2014 under this she forward application under sec24 , this was dismiss on the same day and sec13 dismiss as she not come for her evidence after 4th chance on 25 feb 2016,

i wait for one month appeal from her to reopen in same court and three months till 26 may 2016 from date of decision , now after vacation court reopen on 13 june,

Query is : can i file perjury now ?

under section 340 read with 195?

or as case is over now i have to file perjury in sec say 200 [ not sure ]

can i wait for one or two more months as i am going to file custody in which points of sec24 comes so after her WS in custody case i file perjury.

here i am in confusion, i want to take advantage of her wrongs.......

thanks

 

hello - overall, defamation scope is applicable on 498a wife and her parents etc.But please clarify me if the defamation case is filed only after 498a acquittal and DV judgement is announced?

do we also have to wait for DV trial to get over for defamation when 498a acquittal is processed? 

Originally posted by : Ekta
	@Rocky, Can you please furnish us some reference cases similar to this, where 498A accuse has filed a defamation and perjury lawsuits against the 498A prosecutrix, when the matters are sub-judice.                                                                                                                                                      Regards, Ekta

 

@ Ekta,

 

There is not bar to file any cases in parallel as have shown you from 340 CrPC and 499 IPC.

This even makes your case stronger.

Your goal is 2 - 

a) Prove your innocence

b) Prove the plaintiff as false.

 

- To achieve point b) one should file counter cases in parallel in the same court on top of said cases respectively. 

Originally posted by : Ravi
	hello - overall, defamation scope is applicable on 498a wife and her parents etc.But please clarify me if the defamation case is filed only after 498a acquittal and DV judgement is announced? do we also have to wait for DV trial to get over for defamation when 498a acquittal is processed?

 

@ Ravi and my all friends in this forum,

 

I pretty request you all,

 

Please leave your confusing attitude.

 

Most of the advocates and judges will try to make you confused and puzzled. Even Indian laws are also ambiguous. 

 

I boldly suggest please GOOGLE it up and read bare acts of 499 IPC and 340 CrPC again and again. You can explore the meaning. Then do the needful and argue accordance with these sections during the case.

 

Please see my profile links for sample petition and other clues.

i understood lot but since these are misguidng points so confused and asking here as i thought no mistake will be there ,

again : whether citation should be attached and mentioned at the time of application or not?

For lower courts – Please provide citations during the argument stage.

For High Courts – Attached citations with the petition as annexures.

Originally posted by : Rocky Smith
	Originally posted by : Ekta @Rocky, Can you please furnish us some reference cases similar to this, where 498A accuse has filed a defamation and perjury lawsuits against the 498A prosecutrix, when the matters are sub-judice.                                                                                                                                                      Regards, Ekta       @ Ekta,   There is not bar to file any cases in parallel as have shown you from 340 CrPC and 499 IPC. This even makes your case stronger. Your goal is 2 -  a) Prove your innocence b) Prove the plaintiff as false.   - To achieve point b) one should file counter cases in parallel in the same court on top of said cases respectively.

Two points are interrelated.

Accused have to show his innocence by proving the plaintiff as false. Proving plaintiff as false will prove the innocence of accused.

Thusly,  in any of the points accuse has to establish that plaintiff is false.

                                                             

In this case, querist has to prove plaintiff is false. But, the allegation raised by plaintiff is sub-judice. So, one cannot say plaintiff is false or not.

 

In between, if querist will file some lawsuits like slander against the complainant.

 

 

1. Then, how the court will proceed with a slander lawsuit until accused prove that the plaintiff as false, when the allegation raised by plaintiff is subjudice

 

2. Every/Most Accuse will file the slander lawsuit day after the complainant files ANY CRIMINAL CASE against the accuse to harass the complaint when the cases are sub-judice. Do you believe it is practicable.

Originally posted by : Ekta
	Originally posted by : Rocky Smith Originally posted by : Ekta @Rocky, Can you please furnish us some reference cases similar to this, where 498A accuse has filed a defamation and perjury lawsuits against the 498A prosecutrix, when the matters are sub-judice.                                                                                                                                                      Regards, Ekta       @ Ekta,   There is not bar to file any cases in parallel as have shown you from 340 CrPC and 499 IPC. This even makes your case stronger. Your goal is 2 -  a) Prove your innocence b) Prove the plaintiff as false.   - To achieve point b) one should file counter cases in parallel in the same court on top of said cases respectively.  Two points are interrelated. Accused have to show his innocence by proving the plaintiff as false. Proving plaintiff as false will prove the innocence of accused. Thusly,  in any of the points accuse has to establish that plaintiff is false.                                                               In this case, querist has to prove plaintiff is false. But, the allegation raised by plaintiff is sub-judice. So, one cannot say plaintiff is false or not.   In between, if querist will file some lawsuits like slander against the complainant.     Then, how the court will proceed with a slander lawsuit until accused prove that the plaintiff as false, when the allegation raised by plaintiff is subjudice   2. Every/Most Accuse will file the slander lawsuit day after the complainant files ANY CRIMINAL CASE against the accuse to harass the complaint when the cases are sub-judice. Do you believe it is practicable.

 

@ Ekta,

 

Learned Mr. Nitish already agreed that perjury can be filed in parallel it this thread. Please check above.

a) Proving innocence

b) Proving Plaintiff as false

These two are not at all interrelated since if prosecution can't provide any leading evidence then the accused will be acquitted automatically with the benefit of doubt ground.

However, to prove plaintiff as false the accused needs to provide leading evidences. 

Clearly, to produce leading evidences from accused side, further investigation, inquiries  needs to be made and Hence CrPC 340 is a very efficient tool allong with cross-examination .

Also 499 IPC the accused will try to prove the imputations are malicious and defamatory by leading evidences 

Lastly, If complements can harass accused by malicious prosecution then accuse also can harass complements and hence I believe this is practicable.

 

Please recall you’re study,  the concept of jurisprudence is - "Presumption of innocence"

Everyone is well aware of the fact that one can file slander lawsuits, but we are suggesting its not the right time to file the suits.

 

“These two are not at all interrelated since if prosecution can't provide any leading evidence then the accused will be acquitted automatically with the benefit of doubt ground.

However, to prove plaintiff as false the accused needs to provide leading evidences. “

 

Both the prosecution & defense will try to establish their point, so one cannot able to pronounce whether the accuse is innocent or not / plaintiff is false or not, until A gets the verdict, which requires time.

 

Let’s take a scenario:

 

C is a Plaintiff

A is an Accuse

 

1. C made 498A allegation against A, which is sub-judice (498A proceeding is in very initial stage of the proceeding)
2. A files a slander lawsuit against C (which is also in very initial stage of the proceeding)

 

Both thread 498A & slander proceeding is being given in parallel, which their own procedure. Most of the evidences submitted will be same for both the cases.

 

Which thread (498A or slander) will completes first?

 

1. Assume, slander completes first & the verdict is in favor of A.

 

And then what will happen with 498A process?

Can one assume, that the court will stop 498A proceeding  immediately & provide its judgement of 498A based on the judgement of slander & this will be in favor of A?

 

1. Assume, 498A completes first & the verdict is in favor of C.

 

Then what will happen with the slander suit. Whether the slander suit close abruptly?

 

“Lastly, If complements can harass accused by malicious prosecution then accuse also can harass complements and hence I believe this is practicable.”

 

How one gets to recognize, whether it’s a malicious prosecution or not?

How one knows that the complainant is harassing the accuse? The Allegation may be true.

 

So, if anyone file any lawful allegations against someone , then the accuse may also file slander suits against plaintiff, to harass him. Which seems not practicable.

 

“Presumption of innocence”

 

This presumption doesn’t make a footing for the accuse to take advantage of it, just to harass the complainant. Which is also not lawful. 

@ Ekta,

 

"C made 498A allegation against A, which is sub-judice (498A proceeding is in very initial stage of the proceeding)

A files a slander lawsuit against C (which is also in very initial stage of the proceeding)"

 

- - - your view is a pre convicted notion of view hence out of the concept of jurisprudence.

 

"A files a slander lawsuit" - whereas the basic concept of Indian Judiciary is presumption of innocence in criminal trials.

 

Hence burden to prove C’s allegation lies on C as C is complainant. If C does not adduce leading evidence then A will be acquitted automatically on the benefit of doubt ground. However, to prove plaintiff as false A needs to adduce leading evidence as for that A is complainant (as A is filing 340 CrPC). So these two are not at all inter related.

 

Our ultimate goal is to prove plaintiff as false to get ultimate relief.

 

 

The Supreme Court of India

Sampath kumar -Vs- Inspector of police, krishnagiri which was decided by their Lordships of Apex court Justice T.S.Thakur.

 

“Our basic concept of Jurisprudence that let the 100 culprits may go free but no innocent should be punished.”

 

 

Supreme Court of India

Sushil Kumar Sharma vs Union Of India And Ors on 19 July, 2005

 

 

"Ultimate objective of every legal system is to arrive at truth, punish the guilty and protect the innocent. There is no scope for any pre- conceived notion or view."

 

 

so if it is expedient to make an overall inquiry to arrive at the truth to punish the guilty and protect the innocent an accused can make petition u/s 340 CrPC at any time.

This will be disposed of before 498A or actual plaintiff.

ok till now understood let it more precise about another point: suppose 498A is running in mumbai in aug 2009 husband file sec09 in mumbai in july 2009 now she file sec 24 in which she gave false statements and her evidence in sec 09 in january 2010. now she also filed sec13 application in delhi which get dismiss in march 2011 again she filed sec 13 in delhi in january2014 which is not similar to her previous sec13 in this sec13 she filed sec24 again she made false statements and her this sec13 also get dismiss. now in march2015 she gave her evidence in 498A and her statements are contradiction to all her statement which she gave in her application and her evidence in sec09 while she not appeared in sec13 but her application under oath is there: now all fact are clear here: now query in here is : can husband club all her statements which she falsely gave under oath or in her application or in evidence in running 498A case under perjury under sec340 read with 195....other may be suuportive to prove her that she is saying false but intention is to convict her in present case , if in anther she get convicted then its also an advantageous to plantiff so can plantif use all her false statement taken under oath in this application of perjury. please do guide as i am going to punish such type of lady who is misusing the law repeatedly please also pray and guide to my sucess

@Rocky,

 

Can you please clarify the below queries?

 

1. Assume, slander completes first & the verdict is in favor of A.

 

And then what will happen with 498A process?

 

Can one assume, that the court will stop 498A proceeding  immediately & provide its judgement of 498A based on the judgement of slander & this will be in favor of A?

 

 

2. Assume, 498A completes first & the verdict is in favor of C.

 

Then what will happen with the slander suit. Whether the slander suit close abruptly?

come what may.

 

asw long a matter is sub-judice in one court the other court cannot decide on the same.

 

The allegations are subjudice befor ethe court where 498a case is going on.  If that court declares the allegations as false then only the defamation can be considered.

Some charges fail due to negligence of prosecution and complainant do not pursue.  But let him give threat of defamation (even verbally) then the complaints will be motivated to fight tooth and nail to prove the charges.

Let him not dig his misforture.

 

Let him be acauitted and then open the disctionary to see what "defamation" is