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Can baseless allegations of corruption be filed under defamation case.
13-Dec-2023 (In Civil Law)
Can relentless, wild and baseless allegations of corruption and individual character assassination be construed as libel and can one file defamation case against the offender? I am in the govt service and decisions are made as per policy but one individual relentlessly slanders by emails and SMSs, since the decisions, made in official capacity at the highest level, are not as per his perception.Advise please
Yes, you may file the matter against such person. For filing of defamation case you will have to establish strong evidences. Written, verbal, print etc. There are the mode of communication to defame a person and these has be proved before the court hence you will have to attach the copies of the same the establish this case.
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Adv. Jatin Sharma
Delhi | 25+ Answers
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Ofcourse, you can take action against such a person as long as the person defames you in public, the allegations made by such a person are false and such act defames you/your character.
Further, in case of defamation, you have both civil and criminal remedies available with you. Civil action would be for damages whereas criminal action would be for imprisonment and fine, and such actions can be pursued simultaneously.
Having said that, the threshold for succeeding in both civil and criminal actions against defamation are different and will have to be evaluated separately on merits of the matter.
Hope the above is helpful.
Further, in case of defamation, you have both civil and criminal remedies available with you. Civil action would be for damages whereas criminal action would be for imprisonment and fine, and such actions can be pursued simultaneously.
Having said that, the threshold for succeeding in both civil and criminal actions against defamation are different and will have to be evaluated separately on merits of the matter.
Hope the above is helpful.
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Adv. Tushar A John
Delhi | 25+ Answers
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Criminal and / or civil action can be initiated for baseless allegations made against a person, especially where the allegations are such as would tend to lower a person's reputation in society, or qua his profession.
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Adv. Samar Singh Kachwaha
Noida | 25+ Answers
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Dear Sir,
You can only file a case for defamation if the slanderous words are heard by a third person while simultaneously those words have brought harm to your reputation in the eyes of that third person or general public. Nonetheless, you can file a case seeking a direction from the Court to restrain this person from contacting you.
Thanks & Regards
You can only file a case for defamation if the slanderous words are heard by a third person while simultaneously those words have brought harm to your reputation in the eyes of that third person or general public. Nonetheless, you can file a case seeking a direction from the Court to restrain this person from contacting you.
Thanks & Regards
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Adv. Dheeraj Gupta
Delhi | 25+ Answers
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Yes definitely you can go ahead and seek damages against defamation and harassment that has been faced by you.Besides this you can go ahead and also file defamation complaint u/s 499IPc and seek defamation remedy as well so therefore both remedies are available to you.Thanks
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Adv. Nishant Solanki
Delhi | 200+ Answers
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Yes, in case the emails and sms are being copied to/ circulated amongst third persons/ public bodies/ officials causing damage to your reputation,
You may file a FIR for defamation and alongside issue notice for recovery of damages. Both civil and criminal cases can be made.
You may file a FIR for defamation and alongside issue notice for recovery of damages. Both civil and criminal cases can be made.
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Adv. Tanu Malhotra
Delhi | 25+ Answers
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