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deepak mangal (prop.)     02 August 2010


What is the procedure to file a law suit for defamation is serving the notice to opponent is mandatory


 4 Replies

Ayush (Advocate)     02 August 2010

You can file a criminal complaint under section 499 of IPC for defamation. The court will then follow the procedure and adjudicate upon the matter. The adjudication will completely depend upon the evidence provided by you or your pleader. The court will sent notice to the accused. Without notice to the opponent, there is no chance of adjudication of the court. notice is mandatory.

Niikhil C. Shirgaonkar (Self Employed)     03 August 2010

Yes serving notice is compulsary. You have give a chance to opponent to defend himself considering the principle of Natural Justice.

Rohan Sinha (Assistant Lawyer)     03 August 2010

No According to Civil Procedure .. If you are moving for Civil Trail, then serving of Notice is not compulsory on Defendant..


and in Criminal Procedure you are not bound for sending a notice ..its on your wish only.. You can send a FIR in prusuance of 156(3) Cr.P.C. and your trail is going start , Court Directed to C.J.M..


Sending of Notice Is not compulsory in Sec 499 502 503. and also in Cr.p.c...

satpalsing (Service )     24 August 2010

if u are going to file criminal defamation case then after filling the case court consider is there any kind of defamation, thereafter your Advocate would argue and  if yes then court issue Process in that matter thereafter court issue Summons to the other party


In Civil Suit you have to Pay the Priscriibe stamp duty for the Defametory amuont  thereafter cout admite the said suit and issue Notice to appear and file his say

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