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Defamation for publishing court application of sec 13

Page no : 2

Sidharth (Officer)     03 June 2014

Shonee Sir, Please Please Please Do not mind.

"This is to inform the entire group that Advocate Shonee is a person of loose character and has slept with 5 prostitutes in the last month inspite of being married. He has also murdered Mr Shambhu Shikari."

Now Sir, I have given you sufficient cause to file defamation against me. Why would or how would you prove that You have never slept with a prostitute and that NO Mr Shambhu Shikari exists let alone you murdering him. If you file defamation Would Not / Should Not the Court ask me to submit proof based on which I made and published such statement in a Public Forum. I hope now You get my Query Sir, Sory for taking such a crude example once again.

Gautam Kapoor (IT professional Studying Law)     03 June 2014

:)  I'm sure Mr. Shonee would have got the point ....Siddharth... Mr. Shonee will then file a defamation case on you stating that the allegations are wild/malafide/with a intention to harm/prejure due to which you have suffered irreperable damage both in domestic/financial front.

Sidharth (Officer)     03 June 2014

Mr Gautam Kapoor Sir, On This point I am not clear. In a Defamation Case I WILL BE THE PETITIONER. And the petition is going to be that her statements to my colleagues have defamed me. The whole Defamation case runs on the premise that Petitioner knows the statements of respondent to be baseless. Is It Not True that Thus in a Defamation Case, The Respondent Will Have To Prove/ Give Evidence that Her  comments were true. And As Petitioner I only have to file the case quoting her comments which I feel are defamatory, Along with Proof of Her making those comments (Copy Of Letter Written to My Boss, In Which She has also enclosed Sec 13 Petition Copy)

Jai sai baba (No mercy for B)     03 June 2014

Kejriwal said in his speech that Gadhkari is curropt !

Gadhkari filed a defamation case against kejriwal...

Gadhkari did not proove that kejriwals allegations of being curropt are fasle. what he did is simply file an defamtion case....ab kejriwal proove karta rahe jo karna hai...:)

Sidharth (Officer)     03 June 2014

Exactly My Point Sir, That My Wife wrote statements in her letter to my Boss which are defamatory. And I want to file the case. And She should bring the evidence to court for making those statements  if she does have any. I'll happily go to jail / pay fine for perjury if She comes up with even a single evidence / proof.

Sidharth (Officer)     03 June 2014

I have been to The Moon last night, And the Budhi Daadi sitting There told me that Neil Armstrong never went to the Moon. Nor did Rakesh Sharma. Thus I am informing The Whole World that they both are big time frauds and liers. All their awards should be taken back and they should be sent to Jail for fooling the whole world.

Now would Mr Neil Armstrong and Mr Rakesh Sharma please, If they decide to put Defamation case against me, submit proof in court that I never went to the Moon and There is No Budhi Daadi sitting there..?? Or would the court ask me the proof of my visit..?? Of Budhi Daadi's existance...?? And of any conversation between me and her...???

Jai sai baba (No mercy for B)     03 June 2014

@sidhartha,

Things are bit messed up here.

 

As your wife has already file cases on you which needs to be proven by her in court. 

So if she is writing letters to your company i think irespective of allegations being tru or false she is defaming you, as those allegations are not proven in court so she cant defame you for again for the same reason, anywhere else othet then court. 

 

you can file a defamtion case for defaming as those allegations are not proven by her. and most importantly thats not the place to write her grivences, if she has any grivences like """In both of the cases she has put allegations of Impotency, Dowry Demand, Obscenity, Throwing Her Out Of House on me, Which are all false (please take my word for it) and as such has not provided and evidence for any of allegations (None Exists)."""

COURT is the place to get the justice its not the office where she can get something against her grinevces, so its adirect case of defmaing.

 

Experts please comment

1 Like

Sidharth (Officer)     03 June 2014

Sir, This is not ANY COMPANY... I am in the Defence. An Officer. And our Appraisal Report contains substantial marks for Social Behaviour, Honesty, Domestic Nature, Treatment of Ladies etc. So she is directly harming my career by putting up these allegations to my CO.

Jai sai baba (No mercy for B)     03 June 2014

BINGO...!! congratulations...

You are defamed my friend ! 

 

Also for filing defamation you just need that letter which proves that it has been sent by your wife,

I mean, you need to prove that the letter is being sent by her, or the email sen by her.

Even if its not you still you can file the defamation and later your wife can say this is not sent by her..then the court can dismiss the plea.

Gautam Kapoor (IT professional Studying Law)     03 June 2014

Apologises Sidharth to my initial reply.I have corrected it hence.

Foe defamation case one thing is paramount  - You need to prove in certain terms that the opposite party indeed made a communication of false statement before you try to press charges on him.If you are unable to prove that the communication was indeed from the opposite person the case could prove counter productive.

1 Like

Sidharth (Officer)     03 June 2014

Members, My Wife has addressed the letter to my CO. And also made the same allegations personally on his face. Now since He does not want to get involved in court case as a witness etc ( And If I try to summon him, he might either turn hostile or make my life hell after the court case). He is not getting convinced to give me a copy of the letter, However, He has agreed to give me a Show Cause Notice wherein He will state that he has received such and such letter from my wife on such date in which she has put such and such allegations against me and seek explanation from me. He has also accepted that I'll submit Nil Reply quoting matter to be Sub-Judicial. So In a way I'll not have the original letter by wife, But a Notice stating the content of the letter Is that sufficient for filing the Defamation..??

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 June 2014

Despite the show cause notice, he would be called as a witness, if you institute a case.

 

Regards,

 
Shonee Kapoor
Handphone: +91-8010850498

If you don't fight for what you want, don't cry for what you LOST.

KISHAN DUTT KALASKAR (Advocate)     17 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

 

With regards,

Legal Expert


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