10/6/24, 12:37 PM Legal Notice for Defamation format- Download free legal document sample

Legal Notice for Defamation

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लिए-कानूनी-नोटिस-54)

 What is it? Why is it required? What should it cover? Format



What is Legal Notice for Defamation?

Defamation is when untrue accusations or statements are made which

are malicious and harmful towards a person’s reputation. Defamation can
be in the form of libel (written words) or slander (spoken). A legal notice
for defamation is sent under Section 499 of IPC seeking remedy under
criminal law, or under the CPC (Civil
Procedure Code).

A legal notice is a formal intimation between two persons warning the

other person before a legal action is initiated to get his/her due
compensation or damages in respect of the defamation.

Why is Legal Notice for Defamation required?

A legal notice for defamation is the first step to initiate civil or criminal
proceedings against the person(s) defaming you. As stated earlier, it is a
kind of warning to initiate a court case if the demands such as
compensation / damages etc. for loss or damage to reputation etc. are
not met. One must send a well-drafted and legally sound notice to ensure
that you get a prompt response on your notice and you have maximum
opportunity to get damages/compensation.

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10/6/24, 12:37 PM Legal Notice for Defamation format- Download free legal document sample

What should a Legal Notice for Defamation

cover?

The legal notice for Defamation must consist of the following:

The legal notice must be drafted in the letterhead of an advocate
which is to be specific and proper.
It should contain addresses and contact details of the advocate.
The date on which the legal notice is issued including the name,
address, and contact details of the person to whom the legal notice
is issued is to be stated.
Since the legal notice for defamation is going from the client’s end,
the name and details of the client should be mentioned.
Detailed description of the incident which raised the cause of action
(leading to damage to the reputation).
The relief claimed by the sender of the notice.
It should be made clear in the notice as to how your right has been
infringed and how your reputation has been damaged due to the
act or omission by the opposite party and for that what you want
from him/her. A specific direction must be given to the opposite
party along with a time limit.
The notice must be signed (with date) by the advocate and the
sender.

Format for Legal Notice for Defamation

Download Word Doc

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Defamation-LawRato.docx)

LEGAL NOTICE

To,

Sub:- LEGAL NOTICE FOR DEFAMATION

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10/6/24, 12:37 PM Legal Notice for Defamation format- Download free legal document sample

That I have been instructed by my client namely Sh_____, son of _____

resident of _________ New Delhi to serve upon you legal notice for
defamation on the following legal grounds.

1. That earlier litigation was pending between my client and Army Welfare
Trust etc in the court of competent jurisdiction and later on, on the basis
of compromise, the said matter was patched up and AWT/ DHQ granted
land comprising Khasra _____, etc total measuring _____ situated in ______
New Delhi d to my client against the consideration/exchange of another
land. The said land was granted for the __________ and place of residence
of ______ of the said _____ and _________, which has already constructed at
the time of compromise between the parties and for the Mosque,
Graveyard and Funeral Place and for any other public purposes.

2. That my client is the caretaker of said ___________ property and used to

serve _____ there at said ______ on regular basis.

3. That my client being caretaker of the said _______, enjoys a very good
reputation, respect, and honor not only in the eyes of inhabitants but also
in the eyes of twin cities especially.

4. That my client is a respectable citizen of this country. He is enjoying a

very good reputation, command, and great respect amongst the family,
friends, colleagues, and locality as well as the community. My client is
having great respect, dignity, and prestige in the area and also having a
blot-less career throughout his life.

5. That my client filed a suit for declaration and permanent injunction

before the Court of ________, Civil Judge, Delhi in which the SHO P.S _____,
Delhi was also made the party in the suit.

6. That the summons was issued to all the parties including SHO, P.S _____,
Delhi.

7. That the said suit is pending adjudication before the Court of _______,
the Learned Civil Judge, Delhi, in which you submitted comments/report
before the Learned Court, whereas, you were not the party to suit.

8. That my client shocked to see that you have written in the said report
that my client is “_________” and wants to usurp the land of valuing in
billions.

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9. That you have leveled serious allegations against my client.

10. That due to the said allegations against my client without any basis
and purely engineered on malice, client suffered mental agonies, torture.
Furthermore, my client is facing continuous mental torture, harassment,
and fear.

11. That due to the said averments which you made in the said report not
only communicated to the parties to the suit, which is now a public
document, the reputation of my client, as well as his family, has been
damaged in such that there could not be repaired. The credibility built by
my client during the span of time is shattered due to writing the false,
frivolous, fictitious, and baseless allegations against my client.

12. That the defamatory statement/ averments which you made in the
report, which is submitted before the learned Civil Judge, New Delhi, is
having a tendency to injure the reputation of my client i.e. to lower him in
the estimation of others and to bring him in in obliquity contempt and
ridicule. Which my client also reserves the right to file for defamation and
damages.

13. That my client is demanding special damages on account of mental

torture, agony, financial loss, and injury inflicted to his reputation, honor
due to the statement/averments, which you have made before the
Learned Civil Judge, Delhi as well the detail of the same are mentioned as
under:

General Damages

Injury/ loss to reputation as a person = 10,00,000/-

Mental torture and physical agony = 10,00,000/-

Loss in family honour: = 3,75,000/-

Legal assistance & General charges = 25,000/-

GRAND TOTAL = 24,00,000/- (as general

and special compensation)

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10/6/24, 12:37 PM Legal Notice for Defamation format- Download free legal document sample

That through the instant legal notice for defamation, you are hereby
advised to pay the above-said amount to my client within 14 days after
the issuance of instant legal notice, otherwise, my client has positively
instructed me to use against you in the Court of Law at your risk and
costs.

A copy of the instant legal notice for defamation is retained in my office

for further necessary action.

Counsel(s)

ADVOCATE

ADDRESS:_________________

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Defamation-LawRato.docx)

Documents Required for Legal Notice for

Defamation

The following documents must be scrutinized while drafting a legal notice

for defamation:
Proof of words/images etc (spoken or displayed or written) that
have damaged the reputation and thus caused defamation,
Identity proof of sender,
Any proof of damage to reputation, etc.

Procedure for Legal Notice for Defamation

No set procedure is applicable in the making of a legal notice for

defamation. However, a legal notice must be drafted and signed by a
lawyer, with all the necessary details/contents as mentioned above. Once
the notice is drafted it should be thoroughly examined by the sender. It
should then be sent to the other parties. If no action is taken or no reply
is received within the number of days mentioned upon the notice, a suit
for defamation against the defendant can be filed in the court of proper
jurisdiction.

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10/6/24, 12:37 PM Legal Notice for Defamation format- Download free legal document sample

Legal Considerations for Legal Notice for

Defamation

A Legal Notice for Defamation is mainly governed by Code of Civil

Procedure 1908, and the Indian Penal Code 1862. In India, Defamation
can be both a civil wrong and a criminal wrong. Defamation is a tort
under the civil law and a person can opt to file a civil suit for defamation
and compensation in the Court of appropriate jurisdiction (depending
upon the amount of compensation).

In order to seek justice from the criminal courts, the definition of

defamation under the Indian Penal Code (Section 499) must be fulfilled. A
criminal procedure can be initiated against the accused before the
Judicial Magistrate having First Class rank. The accused can be punished
under Section 500 of the IPC.

How can a lawyer help to draft Legal Notice for

Defamation?

Since, a legal notice is the first step towards recovery litigation, it is highly
recommended that you hire a civil or criminal lawyer. A lawyer has the
requisite expertise and knowledge to draft such legal notices. He/she will
be able to accumulate important information for the client and draft the
notice accordingly. He/she will ensure that you are on the right path in
attaining justice. A lawyer can manage all legal paperwork effectively.
Therefore, hiring an expert lawyer is of prime importance in order to
ensure that your legal notice for defamationn is sent correctly, keeping in
mind the possible litigation that may ensue.

Disclaimer: The information contained in the sample document is general legal information and
should not be construed as legal advice to be applied to any specific factual situation. Any use of

the Site or document format DOES NOT create or constitute a solicitor-client relationship between

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