NOTICE DAMAGES UNDER CPC 80
[CD1]
Advocate _________
Ref: ______________
Dated: ___________
To:
Sir,
Legal Notice Under Section 80 CPC
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, i.e.; 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
newspaper, 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 they _____ 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 UNDER CPC 80
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