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I want to pursue Defamation charges.


09-Aug-2023 (In Criminal Law)
I have I have won a case in lower & district court. My opponent has filed an appeal in the high court in 2014 but it is still in serial for delay Ppeal. He has advertised in a news paper through an advocate stating the property is in his enjoyment and no one can purchase the sites in the property . I have approved the layout from the municipality and all the revenue records are in my name. I have already sold few plots. Can I take legal actions against the lawyer and the client for falsely stating the possession for misdirecting the public. He has made an appeal but hearing has not taken till today.by the high court. Is there a chance to me to file criminal case on him and the lawyer for misdirecting.
Answers (3)

Answer #1
509 votes
You can not file a case against lawyer as he is given notice on behalf of his client instructions. He is not done in his own. Now you have to give reply notice to that paper advertisement . You need to give a written reply notice with acknowledgement and a paper advertisement also. You contact your lawyer he will guide you accordingly.
Answer #2
795 votes
yes you can take action but mandatory notice must be served upon the advocate and then only you can filed a petition for defamation upon the circumstances which elicited from the starting and other circumstances
Answer #3
651 votes
Hi
Yes .You can file a case against the opposite party for misrepresenting facts and defaming you by way of issue of advertisements in news papers that too when you have won in two courts(lower and district courts).
Generally High courts will not interfere in concurrent findings and it is 100% sure that you will win your case.
So go ahead and issue the notice to the opposite party.
ln general lawyer's cannot be sued as they only act on instructions of their client. so you need to sue the opposite party.

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