Justice Dhingra explains defamation in this judgment. In other words, he explains the meaning of defamation and when to file or not file for defamation.
7.Under law of defamation, the test of defamatory nature of a statement is its tendency to incite an adverse opinion or feeling of other persons towards the Plaintiff. A statement is to be judged by the standard of the ordinary, right-thinking members of the society at the relevant time. The words must have resulted in the Plaintiff to be shunned or evaded or CS (OS) 569.06 Prof. Imtiaz Ahmad vs. Durdana Zamir regarded with the feeling of hatred, contempt, ridicule, fear, dislike or dis- esteem or to convey an imputation to him or disparaging him or his office, profession, calling, trade or business. The defamation is a wrong done by a person to another’s reputation. Since, it is considered that a man’s reputation, in a way, is his property and reputation may be considered to be more valuable than any other form of property. Reputation of a man primarily and basically is the opinion of friends, relatives, acquaintance or general public about a man. It is his esteem in the eyes of others. The reputation spread by communication of thought and information from one to another. Where a person alleges that his reputation has been damaged, it only means he has been lowered in the eyes of right thinking persons of the society or his friends/relatives. It is not enough for a person to sue for words, which merely injure his feeling or cause annoyance to him. Injury to feeling of a man cannot be made a basis for claiming of damages on the ground of defamation. Thus, the words must be such, which prejudice a man’s reputation and are so offensive so as to lower a man’s dignity in the eyes of others. Insult in itself is not a cause of action for damages on the ground of defamation.
In the event of the lodging of a false complaint, he explains what action to take:
Whenever a person makes a complaint against someone to the lawful authorities and in that complaint he makes imputations against the person complained of, it cannot be considered that the person has publicized or publicly made defamatory averments against a person. If a prosecution is initiated against the person on the basis of such averments and the person is acquitted holding that the complaint was false, then only a cause of action arises against the complainant for launching a case for false prosecution or for damages on other grounds. Until and unless a competent court holds that complaint was false, no cause of action arises.
Here is the judgment IA No.10367/2007:
J Dhingra-Explains-Defamation-2009
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HHJ Dhingra – Thank you for posting the above explanation on when to file Defamation, however, to prove a complaint false and then react would take an inordinate amount of time, effort and cost. As a practicing advocate the defamation is immediate in cases of matters that are subjudice the entire court in some cases 2-3 courts are aware of the imputations made against reputation, therefore, what is your advise in such a case, specially when IPC lays the burden on the Accused to prove the Exceptions to s 500 IPC, can a complaint not be filed concurrently, thanking you, adv. mona
respected HJ Dingra sir, please gide/advice me
* My wife died of Blood cancer in hospital Hyd, Andhrapradesh 17th May 2003
*my inlaws filed falls 498a on 19th may 2003
*still it is manifestly running in court at hyd
*I submitted all the facts to the court
*case is at the stage has to go for final arguemants
*petitioners are highly influential now they reopened it for getting evidence which they says could not find before and find now
*I am an NRI and Doctor by profession in middle east
*please advice me in this stage what best shall i do for getting ends to the justice
*guide me for the future course of action
*shall i highlight the facts which i submitted to the court like hospital discharge summary, me and my late wife passport documents etc. as proofs as contempt of court through petition
suggested by some from their experience and its value in the vision justice. Regards Dr Rao
Respected sir
My wife has committed suicide on 4th December at that time i am not at home, she give a statement top hte police against his fathers house owners, after two days i reach my wife at the hospital, after two days doctors says to me your wife cannot survival,she died with in months, my wife father litigant fellow, after haired doctor statement he maintained police and he create a statement against me ,my sister and my wife fathers house owners, the police has field a fir on the 4 accused, after field fir the police cannot compare with the first statement and second statement, finally the police refereed to magistrate for dying declaration, in that dying declaration she has give a clean chit to me and my sister, after dearth of my wife, his father, mother and brother giving a statement with all false news to the news papers. this is the actual happens so please guide to me how to quash this fir and what is the re sours to claim a defamation suit against my wife father, mother and brother.
Dear,
My marriage was an Love marriage, October 2011 (Arya samaj).Later my parents accepted the marriage and performed two wedding dinners in November 2011 (Arya samaj) and in December 2011 wife filed a dowry harrassment case against me and my family memebers – post this she filed a Domestic violence case too, now she filed maintenance case asking for a monthly maintenance of 25,000 and 15,000 for litigation expenses.(My salary is 50,000 P.m CTC)
I’, only one to my parents (Dad he is Retired ) and my mother is an heart patient.
Infact my wife was on the job till March 2011. drawing a salary of 25,000 P.M.
Sir please i need your guidance – Mobile number : 8106999579
Sir im heading towards no where.
Did you get summons from the Court.
If its a love marriage, what happened in a months time between you and your wife.
call me to didcuss
My. mobile# 957 374 3073
Sir, …. on 6th Oct 2011 One person living in our society broke my door, enetered forcefully, and beat me…. subsequent to the same I filed FIR
(Sec. 452/323/294/506) with concerned police station … wherein my medical was done for the injuries i sustained on face. Subsequently the same person thru his driver ( belonging to SC/ST) filled a written complaint on 11th oct 2011 in the Under SC/ST police station regarding abuse against me & my wife… on enquiry the same complaint was found to be false and was subsequently closed. Again the same person thru his driver filled a written complaint against my wife in SC/ST police station of abuse and threatening … which on enquiry by the Officer was found to be false and was closed. Can we file a defamation case againt the driver and the people who have given false statements based on these two complaints filled by the accused and his driver.