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T anand (self)     07 March 2020

Defamation case ?

Dear Sirs, A brother of mine files a police complaint against me and other two persons from our family sharing our family name whose name start with letter R. (My name does not start with letter R). Because someone with name,      R Ourfamilyname had written a letter to a Bank where my brother is having loan a/c, saying something like he is not reliable for repayment of loans. Because of that letter , he says bank has rejected his loan application for his daughters ocerseas higher education. Therefore he wanted the police to find who it is and punish them. other two are having name starting with R whereas I was  included becasue he doubts me.  After the police usual rants, we said we have nothing to do with and and given a s staement and came out.

Why me - I had filed a suit for partition of family properties. In that suit many of his manupulations along with another brother of mine may come out. Probably he is trying to stop me from going ahead.

Now I want to file a defamation suit. I am a senior citizen. I have health issue. I have BP, Sugar, Cholestrol etc... and I had Hostiptals long and short stays few times.  I want to calim , he tried to defame me, BUT i don't want to say my reputation is damaged and don't want to prove that so much of my reputation/respect got damaged. Can I claim only for the mental torture and for the health risk he put me into. Can I say the penalty should be paid to some state relief funds or central relief funds or some temple etc ??

 



Learning

 2 Replies

Adv Haresh Raichura (Advocate on Record)     07 March 2020

1) Defamatory statement given to police for investigation may not amount to defamation unless he has published such defamation or has talked with other person about such things.

2) Film Actor Manoj Kumar had filed a defamation suit against a film maker and claimed only 1 Rs as damages since he believed that his reputation cannot be valued in money. Same way, without claiming damage to reputation, other damages can be claimed under law of tort.

Advocate Suneel Moudgil (Advocate)     07 March 2020

1. in addition to the proper, precious and valuable advice of Adv Haresh Raichura ji, you should stay away from unnecessary/unwanted litigation keeping in mind your health status,

2. concentrate on already pending litigation and avoid unwanted matters

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