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Q. Details regarding fake allegations

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Anonymous

posted 1 year ago

Q.Details regarding fake allegations
I want to file a defamation suit against some people who spread false things against me damaging my social image.

My question regarding above case are -
1. Can recorded telephonic conversations be used as proof here?
2. If somebody who heard the false allegations, can be made to come to Court by some legal notice, if they are not ready in first place?
3. What amount can be claimed as compensation? Is there any criteria?
4. What are the charges for sending a legal notice for above case?
5. Can I file the case at any place?

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Kishan Dutt Kalaskar Retired Judge

Experience: 34 Year(s)

Responded 1 year ago

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A. ) Dear Sir,
You can get issue a legal notice and file a civil and criminal cases. The legal notice fee is normally between Rs. 3,000 to 25,000/-. My fees is Rs. 5000. Filing a criminal or civil case needs the following fee for each case. In Civil case he have to pay huge Court fees of 7% of your claim.

My standard fee structure is as follows:

Rs.40k ( total fee). 50% to be paid in advance and balance
at the time of final arguments. (which includes drafting of all the necessary documents to be filed in the court.

Further on the first day of hearing you have to pay Rs.3k to my junior and Rs.1k on every hearing date to my junior.

With regards,

Kishan Dutt Kalaskar

Thanks.

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Suneel Moudgil

Experience: 16 Year(s)

Responded 1 year ago

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A. ) 1. Yes, a recorded telephonic conversation is admissible proof
2. You can compel his/her appearance through Court summon
3. no criteria,
4. lawyer's fee varies, depends upon various factors type of work, the social status of the lawyer, the monetary value of the case, the experience of the lawyer, etc, however, my charges will be 1500/-
5. you can file the case where the cause of action arises,

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Abhimanyu Shandilya

Experience: 15 Year(s)

Responded 1 year ago

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A. ) 1. Yes the recording can be presented as proof but then it has to be converted into text while submitting. Here you will have to understand that telephonic conversation is private communication and does not amount to defamation;
2. A witness can be called to court not by sending legal notice but by court summon/notice.
3. Amount is proportional to the reputational loss. So, you can ask for anything and let the court decide how much to order for;
4. Charges for sending a legal notice can be anything and for that you need to ask a lawyer who would send it for you.
5. No you can not file at any place but jurisdiction has to be decided based on your residence, other party residence or place of incidence.

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