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swagath (md)     28 February 2012


How to calculate or estimate damages for defamation of character


 3 Replies

Tajobsindia (Senior Partner )     29 February 2012

@ Author


Very straight forward way to gauge self valuation;


Calculate general damages. General damages are those involving a loss of reputation, embarrassment, shame and emotional distress.

Calculate actual damages suffered by the defamation. If the defamation results in loss of a job or contract, the plaintiff can easily add up lost assets as a result of the injury

Request punitive damages before Court. In general, the civil justice system is not designed to punish parties, only to reimburse them. Damages are meant to make the plaintiff "whole" again.

Recently Hon’ble SC refused to interfere with a Mumbai High Court order under which Times Now News Channel has been asked to deposit Rs 20 Cr. in cash and to give a bank guarantee of Rs 80 Cr. before its Appeal against a Trial Court award of damages of Rs 100 Cr. to a former Apex court Justice Mr. P B Sawant could be heard.

[However I am more interested to know who sponsored the then Justice mr. P. B. Sawant defamation case Court fee of Rs. 1 Cr to begin with or was via some mechanism it was waived off by some invisible consortium in operation !!!!]

Pointer: Court fee for civil action would be calculated as per  advelorum fee on the claim amount as provided under relevant State Court Fees Rules.



BTW if this author's que. relates to alleged allegations of 'impotency of husband' then a Court awarded Rs. 2 L to husband after wife's wild allegation of impotency of husband was proved false. See one of my oldest post discussion on full text Judgment only if this is the case in hand ! 

Alok Tholiya (self employed)     29 February 2012

Very informative reply but beaware that ex judge can again file suit against u and courts who do not give fast justice to others will give him.

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     29 February 2012

Rates of Ad Valorem Fees Leviable on the Institution of Suits:

 very less

Maximum 3 lakh for 100 Cr, or even 5000 Cr.


I apreciate Tajobsindia  for citinf thses cases.

Kindly submit fewmore, where defamations were allowed.

I was under impression till date that Defamation  is very difficult to prove, as damages  in terms of money is to be calculated, which is next to impossible, as  loss of Profit in business or Income must substantial and show Difference  and decreses of the same in this year after defamation, compared to last 3 years average income.   

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