• Blackmail, harassment, mental torture

If one person is intentionally giving no of complaint against me , and every time his complaints are proved wrong his only intention is to blackmail or haresment , every time is is giving legal notices n filing case in civil court even there he proved wrong .can i take any legal action against such person
Asked 7 years ago in Constitutional Law

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16 Answers

1. If th suits are getting dismissed and he is spreading rumours as well to degrade your image in the public in general then you can consider filing a civil suit seeking damages.

2. Another option is to file criminal case for defamation as well.

3. it is essential that you need to make counter attack than mere shielding yourself from the false litigation. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

A complaint can be filed against such a person for giving false information on affidavit and misleading the court and the court will take appropriate action against him.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Yes you can take legal action against him and file a civil/ criminal case of defamation under section 499 of IPC to claim the damage of your honesty or pray to the court for punishment

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

See if he is staying false.on affidavit before court then a complaint can be registered against him for further public rumors and tarnishing your image a suit for damages can be filed and a case for.defamation under 499 vide criminal complaint can be filed.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

you can file a suit for damages for malicious prosecution against the concerned person  for filing false and frivolous complaint against you.

 

Show a case for defamation can be filed against him, if the same was done in order to malign your reputation.

Defamation can be both criminal as well as civi.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Malicious prosecution is a crime under section 211 of the Indian Penal Code (IPC)

 

2) What the section 211 of IPC says is that if anyone institutes a criminal proceeding intended to cause injury to any person knowing that there is no lawful ground, he shall be punished with jail term of either description for two years or with fine

Ajay Sethi
Advocate, Mumbai
99836 Answers
8148 Consultations

1)you can file a private complaint of criminal defamation under Section 500 of IPC before the concerned judicial magistrate court. It is important for you to know that you should file the complaint within 2 years (limitation period) from the date the said accusation was made.

2) If you want to claim damages, in that case you should file a civil defamation suit.
The court fee for a defamation case varies from state to state, so it is better to enquire about the same locally or take guidance from a local lawyer. The court fee to be affixed on the suit shall be non-refundable. 

Mohammed Mujeeb
Advocate, Hyderabad
19328 Answers
32 Consultations

You can file a defamation case against him for defaming your name and reputation by lodging false cases before police and the court.

First issue a legal notice demanding huge compensation for his defamatory acts.

T Kalaiselvan
Advocate, Vellore
90038 Answers
2498 Consultations

Section 209 of the Indian Penal Code provides that dishonestly making a false claim in a Court is an offence punishable with punishment of imprisonment upto two years and fine.Section 209 of the Indian Penal Code is reproduced hereunder: -

"Section 209 - Dishonestly making false claim in Court -- Whoever fraudulently or dishonestly, or with intent to injure or annoy any person, makes in a Court of Justice any claim which he knows to be false, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine."

  • File a complaint case in the present matter.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

1. If his complaints are proved wrong then you can sue him for damages through a suit for damages in the civil court and also file a criminal complaint for defamation under Section 500 IPC.

2. Criminal defamation is an offence under Section 500 IPC which carries an imprisonment of up to 2 years.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Hello,

Yes you can file a case for filing false complaint against you.

Tender a strong legal notice to the said person and if he does not stop thereupon then file a case against him. 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Dear Client,

If false criminal complain has been file than you can file complain against him for false information, with intent to cause public servant to use his lawful power to the injury of another person.

And for false civil suits and other, you can file application in court for prosecution for contempt of lawful authority of public servants, for offenses against public justice and for offenses relating to documents given in evidence.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

Dear Sir,\

You have two options:  One is to file defamation case against him.  Second is to file permanent injunction suit against him restraining him from interfering  with your person and property.  

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Yes. with all available proof you can file a case strongly.

G Suresh
Advocate, Chennai
394 Answers
5 Consultations

1) With reference to all his false complaint and false case proved in court. You can file defamation case against him.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Yes you can file mental harrassment case against him

Prashant Nayak
Advocate, Mumbai
34553 Answers
249 Consultations

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