Tuesday, February 28, 2012

How to calculate or estimate damages for defamation of character??

How to calculate or estimate damages for defamation of character?? Reply: Very straight forward way to gauge self valuation; 1. Calculate general damages. General damages are those involving a loss of reputation, embarrassment, shame and emotional distress. 2. Calculate actual damages suffered by the defamation. If the defamation results in loss of a job or contract, the plaintiff can easily add up lost assets as a result of the injury 3. Request punitive damages before Court. In general, the civil justice system is not designed to punish parties, only to reimburse them. Damages are meant to make the plaintiff "whole" again. Illustration: Recently Hon’ble SC refused to interfere with a Mumbai High Court order under which Times Now News Channel has been asked to deposit Rs 20 Cr. in cash and to give a bank guarantee of Rs 80 Cr. before its Appeal against a Trial Court award of damages of Rs 100 Cr. to a former Apex court Justice Mr. P B Sawant could be heard. [However I am more interested to know who sponsored the then Justice mr. P. B. Sawant defamation case Court fee of Rs. 1 Cr to begin with or was via some mechanism it was waived off by some invisible consortium in operation !!!!] Pointer: Court fee for civil action would be calculated as per advelorum fee on the claim amount as provided under relevant State Court Fees Rules. BTW if this author's que. relates to alleged allegations of 'impotency of husband' then a Court awarded Rs. 2 L to husband after wife's wild allegation of impotency of husband was proved false. See one of my oldest post discussion on full text Judgment only if this is the case in hand !

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