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Article Published in the Express Magazine Dated
September 23,
2001
General Attorney : Rajiv K. Luthra
I am currently facing stiff competition from my
colleague for promotion to the position of a
manager. Recently, some important documents have
disappeared from the office. My colleague has
asked me if I had taken those documents. This is
absolutely not the case. So far no one knows that
my colleague has accused me of taking those
documents. Can I file a case for defamation
against him?
V. S., Delhi
Defamation is a criminal offence and is punishable
with simple imprisonment or with fine. But, not
every accusation is defamation within the meaning
of the law. The Indian Penal Code, 1860 (“Act”)
provides, that whoever by words, either spoken or
intended to be read, or by visible
representations, makes or publishes any imputation
concerning any person intending to harm, or
knowing or having reason to believe that such
imputation will harm, the reputation of such
person, is said to defame person. It is immaterial
whether the imputation is conveyed obliquely or
indirectly, or by way of question, conjecture,
exclamation or irony. However, the gist of the
offence of defamation lies in dissemination of the
harmful imputation. Therefore, the defamatory
matter must be communicated to other people. Even
if what he has said against you may be considered
as a defamatory matter / insult, communicating
this matter only to you and no third person may
not be worthy of publication within the meaning of
the Act.
Further there has to be an intention or knowledge
or reasonable belief that the imputation will
cause harm to the reputation of the person
concerned and this is an essential ingredient of
the offence of defamation. The Act further
provides, that no imputation is said to harm a
person’s reputation, unless that imputation
directly or indirectly, in the estimation of
others, lowers the moral or intellectual character
of that person, or lowers the character of that
person in respect of his caste or of his calling,
or lowers the credit of that person. By "harm“ is
meant imputation on a man’s character made and
expressed to others so as to lower him in their
estimation. The Act clearly prescribes that it is
not defamation, if the imputation is made in good
faith for the protection of the interest of any
other person or for the public. In your case, your
colleague may further take the defence of acting
in the interest of the company to solve the issue
of the missing documents. If that is proved to be
true, then even a published imputation might not
be considered to be defamatory. However, it is not
sufficient that the person making the imputation
believed in good faith that he was acting for the
protection of any such interest.
I had entered into a supply contract with an
unregistered partnership firm. At that time, I was
not aware that in the event of a breach, I would
not be able to file a case against the firm since
it was unregistered. I want to check whether this
is correct or not.
S. K. Singh, Delhi
You may be informed that there is no handicap for
a third party to file a case against an
unregistered partnership firm. The restriction in
terms of Section 69 of the Indian Partnership Act,
1932, is imposed in respect of suits by or on
behalf of any person suing as a partner in a firm
against the firm or any person alleged to be or to
have been a partner in the firm unless the firm
has been registered and the person suing is or has
been shown in the Register of Firms as a partner
in the firm. Therefore, in cases where partnership
firms are not registered, no suit can be
instituted by or on behalf of such a firm against
any third party unless it is registered.
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