Legal Question in Personal Injury in India

Defamation Case

As a shareholder, I wrote a letters to Board of Directors of various Public Limited Companies listed on National/Bombay stock exchanges about the internal workings of the firm of chartered Accountants which was/is also a statutory auditor of such companies. The partner of this firm has filed a criminal complain against other partners of the same firm. There were other various matters of the partners under arbitrations. In other words there was no mutual trust amongst the partners. In letters, I requested the board of Directors of the companies to look in to the internal workings of the firm and not to reappoint such firm as statutory auditor since it became aDISPUTED FIRM. Because of my writing letters, the firm was told by Board of Directors of few companies not to seek reappointment at the Annual General Meeting. Consequently, the firm shown unwillingness to be reappointed as statutory auditor of such companies. Since their professional reputation gone down and professional fees also gone down, the partners have filed a DEFAMATION CASE against me. First they filed a police complained but after submitting my written statement, police refused to file a criminal complain. Thereafter, they filed a civil case in the BOMBAY HIGH COUT demanding compensation and injunction restraining me to write such letters to the clients of the firm and attending Annual General Meetings and demanding the removal of the firm as statutory auditor. Under a Motion to the suit, the firm has obtained a ex-parte order for the same. My Letter is FATUALLY CORRECT but worded little in a rough words and the same is written in the capacity of a shareholder of the company.

Now I have to file a reply to the motion and statement for the Suit. My questions are:

1.Which act/acts is/are applicable to such cases?

2.How the compensation, if any ,is determined?

3.How to find past cases which are decided?

4.Is there any good text book on defamation?

5.The case is filed in Bombay High Court. Generally how much time it takes to decide the same?

6.How to find out lawyer specialized on DEFAMATION CASES?

7. What steps should be taken by me now?

Please advise.

Shanti Patel


Asked on 11/20/12, 3:07 am

2 Answer from Attorneys
Sanjay Kalra Sanjay Kalra & Associates

You need a good lawyer to guide you and answer all your queries and before he does answer your queries he would have many questions to ask you. I feel you need a legal consultation with a lawyer. Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.

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Answered on 11/20/12, 3:10 am


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