Yes a complaint can be filed against them in Lucknow. Let me know if I can be of some assistance. I have my office in Lucknow as well.
regards
My company is a watchdog agency in the United States. We file complaints and reports on companies found to violate specific rules per ISO (the International Organization for Standardization.) We filed an official complaint with a company in Lucknow, alleging violations of a specific ISO standard. The complaint only contains allegations, and allows the company to respond and justify why no action is taken. Rather than respond to the complaint, the company is now sending emails to various industry parties falsely accusing us of malpractice. Can this be reported as internet defamation under Indian Penal Code 1860? If so, can you assist in this? What are our other options? I live in Peru (South America) but my company operates out of Florida USA. I may also be reached at [deleted]
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Yes a complaint can be filed against them in Lucknow. Let me know if I can be of some assistance. I have my office in Lucknow as well.
regards
1. Collect appropriate evidence to prove your allegation of defamation.
2. Thereafter you can file a defamation case against the said party before the Civil Court.
You can file complaint of criminal defamation against company under section 500 of IPC
2) you can file suit for damages against the company in Lucknow
See you can send them a notice for defamation if they are defaming you , you can file a suit for recovery of damages and a complaint with the magistrate under 499 ipc for defamation.
- If someone publishes some defamatory statement about some other person on a website or send emails containing defamatory material to other persons with the intention to defame the other person about whom the statement has been made would amount to cyber defamation.
- Cyber Defamation is irreparable, as the information is available to the entire world.
- You can lodge a complaint to the Cyber Crime Investigation Cell, Lucknow, in India.
-The Cyber Crime investigation Cells deal with offences related to the computer, computer network, computer resource, computer systems, computer devices and Internet. It also has power to look into other high-tech crimes.
- You can also file your petition for criminal defemation against those company under section 499/500/469/503 IPC as well .
Yes you can take action against under IT Act and Indian Penal code
If the information circulated in the emails was false then the sender of the email shall be prosecuted for the offence of defamation under section 500 of the Indian Penal Code. You have to prove that the information was false and made with the intention to defame the reputation of the company. The offence has been committed in India by using the computer resources situated in the territory of India, therefore, the Indian Court has jurisdiction to take cognizance of the aforesaid offence. It does not matter that your company is situated in USA. You can lodge an FIR against the company and that FIR will be registered at the place of business of the company.
Is do to this act of other company have ever in.past your company suffered loss or loss a certain amount of business.
Can you be specific or to the point exactly what happened and why you have sent letter to that company under International law act.
Yes this amounts to criminal defamation and appropriate remedy can be sought by filing a case in the district court. You should proceed ahead.
Regards
1. This is tantamount to defamation.
2. In India defamation is actionable both under civil and criminal law. Under civil law you can file a suit for damages to seek damages on account of loss of reputation and also seek permanent injunction to restrain the company from further defaming you, whereas under criminal law you can launch the criminal prosecution of the company by filing a complaint case under Section 500 IPC.
3. The basic ingredient of defamation is that it has to be published. So you have to either examine as a witness or produce documentary evidence to prove that publication has taken place.
1. The Indian Co. can be prosecuted for offences of Defamation, Intimidation & Breach of Trust under IPC and also under Information Technology Act, for obvious motive to demoralize you into submission and to restrain you from taking any legitimate action. A Civil defamation suit can also be filed.
2. The above is possible only if proper cogent documentary evidence and witnesses are available.
Keep Smiling .... Hemant Agarwal
If the acts of the said company of Lucknow are causing concern especially to the reputation and the name and fame of your company, you may gather the evidence of all such acts and then issue a legal notice to the said company seeking compensation for the imputations and derogatory or defaming contents in their letter/notice to others about your company.
You can issue a legal notice from whichever place you may reside, but you may have to file a defamation case only in India since the said company is based at Lucknow, India for an effective result.