jai prk 1212 (pqrs) 11 September 2013

Defamation case

I am caring for my inlaws who are senior citizens from last 15 years, my brother in law & his family dont care at all or give a single penny for them.my father in law died 5 yrs back, mother in law is having a small residential house, we are caring for her all needs. since we r caring her , she has registered half portion of d house in our name n said dat wen she will b no more half portion will b of his son as if now she will give them they will sell it nd she dont want it to b sold infront of her eyes.

bt as she has reg half portion to us my brother in law nd his family is quarreling, filing wrong cases against us, abusing us.we are fed of them. I want to file defamation case against them. being a common man can i do so?

if so how , under which act?

pls tell me maximum time that can occur for the decision.

thanks to all

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2 Replies

Tajobsindia (Senior Partner ) 11 September 2013

1. First find an advocate via reference locally and Chamber discuss facts. If all well then hire his services to file appropriate case under Defamation laws of the land.

2. It is filed under S. 499 / 500 IPC.

3. There are more than 1 crore Court cases pending in various Courts all the way upto Hon’ble SC, hence it is not nice way to predict as some sort of astrologer, duration of Court cases until legislatures read with Judiciary fixes backlog of cases problem.

4. However as per experience average time for disposal of defamation cases are 1 year to 2 years.

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Kishor Mehta (CEO) 11 September 2013

Sir,

With due respect, the difficult queries faced, in a Defamation Suit, are:

[1] "What is the FAME of the Plaintiff?, [2] What hurt his/her FAME has suffered? [3] What is the social status of the Plaintiff to have suffered the alleged Defamation?.

These are few of queries, and there are many many more, which can hardly be explained to the satisfaction of the Judicial Authorities to prove Defamation.

Please, therefore, do not venture in a very difficult proposition.

Good Luck

Kishor Mehta

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