• Can I file a defamation case against my manager

Last year, one day my manager said me in front of my team that "aukat me raho" in aggression.
I want to teach him a lession. So that he will never have the same behaviour with other empoyees.
Please suggest. Should i file a defamation case or not ?
Asked 6 years ago in Civil Law

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15 Answers

See firstly you will be filing complaint or suit with this much delay and then the statement is orally said so hard evidence of same will not be available so chances of succeeding the suit or complaint are less. Though you can file a complaint directly with magistrate and a suit in civil court claiming damages. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. For this type of comment no case for defamation lies.

The statements may be little rude but the same is not amounting to derogatory in nature so as to belittle your image in the public.

You can though send him a  notice seeking apology , filing defamation case is not advisable.

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

No merely on this statement you cannot file a defamation case against your manager. 

But if you feel that this slander did harm your reputation in the office in front of the staff than you can file a civil suit against your manager for compensation but you cannot make criminal Complaint against your manager merely on this statement.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

You can send him a legal notice first and ask for apology later you can try to file a case. 

Prashant Nayak
Advocate, Mumbai
34651 Answers
249 Consultations

Hello,

No it's a trivial matter and don't attract any provision of law 

Regards

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

Not defamation, you must file a case for criminal intimidation in this case

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

It is not a defamation within the meaning defamation as described in IPC as it falls in the seventh exception of defamation which provides that censure passed in good faith by persons having lawful authority over another.

To make the censure a defamation one need to proof that censure made was not in good faith.

Hope the law position in regard to this issue is made clear.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

No need to file defamation case 

 

2) defamation cases take 10 years to be disposed of 

 

3) if you are not happy resign and take another job 

Ajay Sethi
Advocate, Mumbai
99963 Answers
8158 Consultations

A manager has the power of superintendence over his subordinates. Eighth Exception to Section 499 postulates that it is not defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with respect to the subject-matter of accusation. Furthermore, for someone to say ''aukat me raho'' (stay in your limits) is not an imputation at all. Hence, no case of defamation is made out in the first place.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

Hello, 

You may send him a legal notice and ask him to give an apology to you, failing which you will file case against him. 

In the circumstances as told by you, it will be difficult to prove a case of defamation. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

This is my response to you:

1. Firstly you should complain to the HR;

2. If the abuse has caused you mental trauma or stress or harassment in workplace then you may send a legal notice;

3. You can either take it forward as a civil or criminal case or both;

4. Consult a local lawyer and take steps.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

NO, above act dose not comes under definition of defamation.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, the reputation of such person or in the estimation of others, lowers the moral or intellectual character of that person he can file a defamation case and ask for compensation 

Mohammed Mujeeb
Advocate, Hyderabad
19370 Answers
32 Consultations

This may not be considered as a defamatory word, hence the defamation case  may not be maintainable.

Before that you may issue a legal notice to him on the same lines and demand his apology as well as compensation for spoiling your reputation in the society by uttering such words, let him give a reply afterwhich you may think of taking further legal action based on his reply.

T Kalaiselvan
Advocate, Vellore
90164 Answers
2505 Consultations

  1. As per the information mentioned in the present query, makes it clear that you are within the limitation period of filing the civil suit for compensation as the same is of two years.
  2. And you can also file simultaneously the criminal defamation case also as there is no limitation for filing the same.
  3. But, in both the cases you should have some proof with you which you have mint mentioned here in the present query.
  4. Any witness or recording or anything that can help in substantiate the story of ours.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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