Notice Damages Cpc 80
Advocate _________
Ref: ______________
Dated:___________
To:
Legal Notice Under Section 80 CPC
Sir,
Under instructions from my client Sh. _________________, I am serving you with
the following notice in unequivocal terms:-
1. That my client is __________________ in the _______________ Department for
last _____ years and by dint of his hard work and perseverance got many
promotions and presently is holding the _____________________post/rank of_____________
_____. During entire career as ______________, my client has earned as many as
___________________ and thus commands good reputation and respectability
amongst his superiors, peers and subordinates as well as amongst the people of
society as well as his relatives and family members. My client has received __________________
appreciations from his superiors for displaying keenness of aptitude and
devotion to the profession by means of which he built very good reputation for
himself in the assessment of his superior officers and which deservedly earned
him promotion to the _____post/rank of _____. My client has worked in various
places, ie; in the __ thus became familiar and well-known _____ Officer to the
masses. By dint of sheer hard work and good grasp of his subject, accompanied
by excellence in the field of work, he has established a fine reputation and
has impeccable reputation in the society.
2. That my client is a permanent resident of the State of ______ and is
presently residing at the address mentioned above. My client is in the
department of _____ of ______ for over many decades and have long outstanding
service career as well as public dealing. During the long career as public
servant my client has long record of distinguished and self-less service and is
holding the key posts in the department of ________. Apart from it all my
client is possessing a good reputation amongst the public, his being the public
dealing service. The fact that my client has achieved many promotions in his
careers and is bound to earn many more promotions, bear the testimony to the fact
that my client has good character, moral and exemplary service records
throughout. The job of my client is of public dealings and during the course of
his duty he has to deal with large numbers of public men coming from various
strata of the societies from within and outside the state of ______. As such my
client is well-known to the public. My client has good reputations amongst the
people of the State and outside of the state.
3. That you all have jointly got published the news item in your _____ daily
"_____ at Column No. _____, page No. ____ dated _____ wherein you have
stated that "_____", which news item is false, frivolous and
vexatious with a view to cause damages by way of defamation to the image and
reputation of my client by publishing a news item in __your Daily News Paper
published in the name and style of "_____ dated _____, which news item was
actuated with the malice intent on your part so as to calculatedly cause
irretrievable harm and damage to the reputation, name, fame and standing in the
society of my client hereinabove mentioned, which he has painstakingly built
over the years.
4. That you have deliberately published the news item in your issue of
"_____" dated ______ under the caption '_____, which on the face of
itself is offensive, obnoxious and smacks of the underlying malice and mischief
intended by you so as to tarnish the image and reputation of my client and his
other family members and cause embarrassment for them among the public and the
said news item was based on conjectures and surmises and in utter disregard of
the standards of journalistic norms and ethics, and abuse of freedom of
publications. The said news item does not carry a fair report of facts and it
rather carries a mal-intention on your part to mud-sling on my client.
5. That the news item has been compiled by you on behest of Sh. _____, in
collusion with the correspondent Sh. ______ and the origin of the news items is
"______" dated ______.
6. That ever since publication of the above news item in the news paper, my
client and his family members have to face embarrassing situation and while
going to the public places, such as market etc they have to hear disparaging
remarks from the passer-by. There has been a spate of such incidence due to
which my client and his family members have to confine themselves to their
houses and office and refrain from going to the public places. It is evident
that the news item has been designedly and calculatedly published with the
underlying mischief of harassing my client and his family members which you
have succeeded by damaging the reputation and image of my client publishing the
wrong and false news item, which facts are far from truth. The said news item
has caused immeasurable mental as well as physical agonies to my client and his
family members and lowered down the reputations of my client and his family
members in the society, amongst acquaintances, friends, relations and general
public and my client and his family members have to face social ostracism
because of wrongful act of yours.
7. That the cumulative direct effect of the said act of publication of news
items by distortion of facts as mentioned hereinabove, individually as well as
jointly by all of you was to totally ruin the career and reputations of my
client and obliterate all his contributions to the society and in
administration. This news item has no factual basis and is an act of
irresponsibility and a brain-wave of an irresponsible person.
8. That so much so that the _____ had submitted _____his/her contradiction to
the above news item on _____ by _____fax, which you have deliberately not
published in your later editions so as the damage intended by you to be caused
to the reputation of my client can be perpetuated.
9. That my client is entitled to damages for mental torture, harassment, agony,
humiliation, which he and his family members have suffered and are undergoing
at present because of wrongful, acts on your part individually and jointly. My
client is entitled for damages for defamation, which he had suffered since
publication of the news item and word of mouth getting circulated thereafter
originating from the news item. My client is entitled for the following amounts
which are quantified as under: -
(a) Damages on account of Loss of Reputation - Rs.________ Lakhs.
(b) Damages for mental agonies, torture and physical harassment - Rs. ______
Lakhs
10 Now please take notice that you either tender your unconditional apology by
publishing in the future edition of your above daily or pay the damages to my
client as quantified above within __two months on receipt of this notice,
failing which my client will be constrained to have recourse to appropriate
legal remedies against you at your risk and expense. Please note that cc is
retained.
Yours Sincerely,
______, Advocate
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