Legal Question in Criminal Law in India

About defamation cases with newspaper notices

Iam an NRI from Canberra Australia.

My father filed a property partition civil suite against my uncles. 2 years back, my advocate used my name in the newspaper notice instead of my fathers name. The advocate made a mistake in the list of properties also. Out of 10 properties of grandfather, 9 were listed correct and the 10th one was wrong. Our advocate made this mistake. Now my uncle has filed a defamation case against me pointing out that the 10th property belonged to someone else and I caused intentional defamation for him. I was not at all there in India when the newspaper notice was published. Only last week I came to know about what happened. Our advocate made the mistake and my father being very old (75 yrs) also was not aware of this mistake till last week. Though my father filed the civil case, my uncle is taking revenge on me. Iam a NRI studying ph.d in australia and my uncles main intention is to spoil my studies and make me come to India and get arrested for the non appearance at court.

I was not at all there in India on the date the newspaper ad was published and was also not aware. How should I handle this situation?

[The irony is my uncles bribed my advocate and he joined their side now]. What should I do?


Asked on 3/29/07, 9:47 pm

4 Answers from Attorneys
Sudhakar Joshi NACHIKETA ASSOCIATES

Re: About defamation cases with newspaper notices

pls let me in which city the said proceedings are going on so that a proper assistance can be rendered to you..

If uncle has filled a civil suit of defamation then not much to worry, only hire a good advocate to defend your case. If it is a criminal case then its serious n immidiately steps to be taken..

for proper assistance contact on

+9109824033212 or mail at

[email protected]

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Answered on 4/02/07, 1:10 pm

Re: About defamation cases with newspaper notices

Firstly ask the news paper for details of advertisement appeared in news paper along with other particulars like athor of add and other information and also take advice of a lawyer and put your appearance in case.you may prove your innocence in court with said documents obtained from news paper nad other witnesses.

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Answered on 4/02/07, 2:17 pm
mrugank patnaik msnp

Re: About defamation cases with newspaper notices

Appear through Lawyer in court .Lawyer will present in court on behalf of you.your case will be defended ,you neednot be arrested.

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Answered on 3/31/07, 12:51 pm
G. M. Gupta gmguptaandassociates

Re: About defamation cases with newspaper notices

immediately hire an advocate at the place where your case is pending and ask him to check the details and status of the case.

i dont think its that big problem and can be sorted out. your details are insufficient to reply

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Answered on 4/28/07, 10:41 am


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