• Can I file a civil defamation for damage compensation at Mumbai

Four Ex-Partners of Firm made false complaints in Police at Bhopal, Registrar of Companies, Gwalior and Consumer Grievance Redressal Forum ( District Consumer Court) at Panna (MP). Complaints were received at Mumbai address and I am residing at Kandivali East,Mumbai. I wish to file Civil defamation case at Mumbai.
1. I wish to first send a legal notice through Lawyer to four Ex-Partners of Firm
2. Then file a Civil suit in High Court or a other Court Court ?
3. How much fees will be required to be paid for damage compensation of Rs 10 Crores?
Asked 3 years ago in Civil Law

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15 Answers

1. On the basis of mere false complaint before Police or court no case of defamation lies. So unless there is cause of action for defamation no such will lie only because false case is initiated. 

2.  If there is cause of action then file the suit before the civil court. 

3. Court fees differs in every state.

Devajyoti Barman
Advocate, Kolkata
22816 Answers
488 Consultations

5.0 on 5.0

A civil defamation suit can be filed in the district civil court. A court fee of 7% is levied. Engage a local lawyer who will address the issues pertaining to stamp duty.

A legal notice can be sent too.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

1. Yes you can do the same 

2. Please also discuss your grounds for filing the case. 

3. Depends on the ground of claim that you are using, forum before which you are filing, and the state in which you will be filing. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Yes, you need to send a demand notice and file a civil suit for defamation.

Regards

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

You can contact any lawyer on this website for sending legal notice 

 

2) you are at liberty to file civil suit for damages 

 

3) court fees would be around Rs 3 lakhs 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7527 Consultations

5.0 on 5.0

Yes,Definitely you have every right to file damages suit in Bombay High Court in its Original pecuniary jurisdiction of your claim amount above INR One Crore.

1- You may definitely send a legal notice through a lawyer to four ex- partners of Firm.

2- Your claim amount is 10 Crore hence Bombay High Court Original Jurisdiction at Principal Seat Mumbai will have Jurisdiction of your Damage Lawsuit to admit the claims against your four Ex-partners .

3- Approximately INR 3 Lakhs Court Fees excluding Lawyers fees and other expenses related to damage lawsuit to be filed against four Ex-partners. 

Since your claim amount is 10 Crores which would attract Three Lakhs Approximately Court fees as per Court fees Act and Shedule of payments. 

We do not know the source and medium of your defamation by your ex- partners. 

Could you please help us in brief the content of amputation against you by your ex- partners to decide the jurisdiction for  filing  your damage lawsuit against your ex- partner before Bombay High Court .

 


In addition to Damage Lawsuit Criminal private complaint may also be filed against them in Borivali Metropolitan Magistrate Court under section 500, 501,502 r/w 34 of I P C to prosecute your ex- partners for slander and malicious wrongdoing with criminal intent against you.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

Fee for civil suit of 10cr would be something around 2.5% of the amount 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

If you want to file a defamation suit against the partners you first have to serve legal notice on them demanding explanation as well as the compensation amount you desire to have from them

After that you can file both criminal as well as civil defamation case for punishment as well as for damages respectively before judicial magistrate court and civil court. 

The lawyer fee and court fee may be enquired from the lawyer who you plan to engage for this purpose. 

T Kalaiselvan
Advocate, Vellore
84895 Answers
2190 Consultations

5.0 on 5.0

- As per Supreme Court, One is bound to tolerate criticism, dissent and discordance but not expected to tolerate defamatory attack,

- Under sections 499 and 500 of the Indian Penal Code, defamation is a criminal offence. Defamatory acts can include “words either spoken or intended to be read", signs or visible representations, which are published or put up in the public domain. The offence is punishable with up to two years imprisonment, a fine or both.

- You have a legal right to live in the society peacefully and respectfully. Law of the land is bound to protect you.

- Hence if you have a reasonable ground for defamation , then you can file after depositing court fee before the court.

1. Yes , a legal notice should be send before filing a civil defamation suit .

2. Depend upon the amount which you claimed 

3. If you claiming Ten Crores compensation , then you will have to file before High court in Mumbai. 

- For court fee you should consult a local lawyer. 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

Hi

1)  You are empowered under law to  file

a) civil defamation and claim damage compensation and

b) also file a case for offences such as Perjury, False Claim & False Prosecution under  Section 209 Of IPC & Section 340 Of The Cr.P.C

2) In law of defamation, jurisdiction is important and in your case, since complaints were received by you at Mumbai, you can invoke the jurisdiction of mumbai courts . 

3) The Original Jurisdiction of Mumbai High Court will be the court in which you can file the civil defamation case wheres as the for the criminal cases, you can file at Borivali court complex which has jurisdiction over offences at  Kandivali East.

4) Prior to initiating legal action, you should send a notice through your lawyer to all the four ex-partners to withdraw all their baseless allegations vide a paper publication with in 15 days from date of notice.

5) If the baseless allegations are not withdrawn, then you should file the cases . 

6) Whilst court fees for claim of compensation of Rs Ten crores -/- in civil suit is Rs3,00,000-/- , there are no court fees required to be paid for filing criminal complaint for offences such as Perjury, False Claim & False Prosecution under  Section 209 Of IPC & Section 340 Of The Cr.P.C.

Hope this information is useful. 

 

 

 

1- You may definitely send a legal notice through a lawyer to four ex- partners of Firm.

 

 

2- Your claim amount is 10 Crore hence Bombay High Court Original Jurisdiction at Principal Seat Mumbai will have Jurisdiction of your Damage Lawsuit to admit the claims against your four Ex-partners .

 

 

3- Approximately INR 3 Lakhs Court Fees excluding Lawyers fees and other expenses related to damage lawsuit to be filed against four Ex-partners. 

 

 

Since your claim amount is 10 Crores which would attract Three Lakhs Approximately Court fees as per Court fees Act and Shedule of payments. 

 

 

We do not know the source and medium of your defamation by your ex- partners. 

 

 

Could you please help us in brief the content of amputation against you by your ex- partners to decide the jurisdiction for  filing  your damage lawsuit against your ex- partner before Bombay High Court .

 

 

 

 

In addition to Damage Lawsuit Criminal private complaint may also be filed against them in Borivali Metropolitan Magistrate Court under section 500, 501,502 r/w 34 of I P C to prosecute your ex- partners for slander and malicious wrongdoing with criminal intent against you.

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

Filing case dose not amount to defamation. If it is a partnership firm than than consumer court and registrar of companies has no jurisdiction to look into the matter.

No court fees in mumbai for filing defamation and only advocate fees. 

It may file in High court due to high compensation claim. Send legal notice.

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

Yes you can file a civil defamation case at Mumbai depending on merits of your case. 

First go with a detailed legal notice then proceed with a case. 

Fee varies from lawyer to lawyer. For 10 crore you will incur court fees too 

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

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.

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
19299 Answers
32 Consultations

4.7 on 5.0

No you cannot file case for civil defamation because all the complaints were given to authorised deparments And complaints cannot be treated as acts of defamation.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

First you have to file the case where the registered office of the firm is situated and move an application for the transfer to the city citing your grounds thereafter.

1. Send notice immediately.

2. Yes, you can as suggested above.

3. Differs state to state so discuss with an advocate where you are likely to file the case.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

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