Category Archives: India

False Case in India- Defamatory Statements in case pleadings- Can you file criminal/civil cases for Defamation?

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My prima facie view is yes. But nature of Defamatory statements made in case papers need to be checked, examined.

There are four aspects:

1) One law of Defamation says that it will not be defamation what may be written in Court Orders or Proceedings.

But this does not protect what is written in case papers. If someone files a case and in that case, if defamatory baseless statements are made, they are not protected.

2) There is also a counter proposition. It is not defamation if you say something about a person to his superior authority who has powers to take actions against that person.

3) There is a third aspect also. If something objectionable is written in any case, every court can direct that such paragraphs be deleted from the case.

4) There is also a fourth aspect.

Now courts have started imposing fines on persons who may be misusing or abusing court processes.

One can make an application to concerned court to impose fine on person who has abused process of court, by giving details of such abuse. ( Frankly speaking, one of my own client is recently fined Rs,1 Lakh as the SC judges felt that he was abusing process of court by filing false cases)

Legal Profession is an Art.

Every lawyer’s advice can be different than every other lawyer’s advice. The decision as to which legal remedy should be pursued, depends on facts situation, willingness and affordability of parties etc.

Your family lawyer is best suited to give you advice.

Haresh Raichura
15/2/2013

Because of planted evidences, many Amitabh Bachhans are Languishing in Jails…. Who cares for these poor?

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On TV when story broke out that Amitabh Bachhan has to spend 25 years with stigma because someone tried to plant his name in a scam, the whole nation stood up and everyone began to fold up his sleeves.

I am apologize for using name of Amitabh Bachhan, to drive a point once again that 40% poor people languishing in Jail are INNOCENT people. They are victims of PLANTED evidence. And yet, nobody cares for them. Their appeals(SLPs) have been dismissed by Supreme Court, and there is no hope for them.

No one is speaking about setting up of any permanent panel or commission headed by three retired Supreme Court Judges to inquire and recommend appropriate relief to such poor. (This does not mean rehearing of cases. It only means that, if something has gone wrong somewhere, outside legal frame work, there is some Human Forum who is there to listen.)

EVIDENCE ? What is the evidence that 40% innocent people are in jail?



1. You must have recently read in newspapers that three person were undergoing life imprisonment since 10 years for a murder they never committed. The “Murdered Man” was found alive after 10 years and as soon as this story came to notice of Supreme Court, these three were released on bail.

2. Amitabh Bachhan starring film MAJBOOR, was entirely on how evidence can be planted and how a man can be sentenced to death for crime he may never committed. Majboori, is the name of real culprit.

3. A crime may have been committed by one person, but if complainant is rich and has influential, police implicates and finds evidence against all the family members of accused. The Court, relying on “Lie Telling Complainant and planted evidence convicts these innocent persons also.

Lawyers and retired judges can tell you a hundred such true stories.

4. A client of mine is very poor. Almost a pauper. He has been ordered to pay of Rs.6,00,000 fine in addition imprisionment. Since he can’t pay, he will have to undergo further imprisonment. Since when poverty has become a crime in India?

5. I do not want to take up your further time. If you are more interested, you can check other posts on this blog titled (a)Business of Filing False Civil and Criminal Cases in India (6 March,2012), (b) How innocent person can be sent to jail by Police (22 Feb,2012), where I have tried to elaborate these issues which no one wants to answer.

I once again apologize for using name of Amitabh Bachhan to attract your attention to plight of innocent persons languishing in jail.

Haresh Raichura
27/4/2012

PS. If anyone has objection to my using name of Shri Amitabh Bachhan, in this article, please let me know, I will remove this post immediately.