Notice Damages CPC
80.doc [CD1]
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
[CD1]Notice Damages CPC
80.doc
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