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O.S No. 212/2020

Case between Biju T. B vs Mr. Manu P. S et al regarding defamation and damages.

Court
THE COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2024-12-02
Duration
approximately-4 years 22 days
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Biju T. B filed a suit against Mr. Manu P. S and Abilash for defamation, claiming that they falsely alleged he attended meetings under the influence of alcohol. The plaintiff asserts that these allegations harmed his reputation and caused emotional distress.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the suit, ruling that the plaintiff failed to prove defamation because there was no evidence that the alleged defamatory statements were published to others.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit, ruling that the plaintiff failed to prove defamation because there was no evidence that the alleged defamatory statements were published to others.
Key Reasoning:
The plaintiff did not provide sufficient evidence to support the claim of defamation.
Why Defendant Won:
The plaintiff did not provide sufficient evidence to support the claim of defamation.
Supporting Evidence
Without any person being examined on the side of the plaintiff to show that the reputation or opinion about the plaintiff had been lowered in the eyes of any other member of the society, it cannot be proved that defamation has taken place.

Judgment Evidence:

In the result, the suit is dismissed. The parties are directed to suffer their respective costs of the suit.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Biju T. B
Party Age
43
Relation
S/o
Party Role
Defendant
Party Name
Mr. Manu P. S
Party Age
39
Relation
S/o
Party Role
Defendant
Party Name
Abilash
Party Age
26
Relation
S/o
Plaintiffs Documents
Show cause notice issued by the defendants, Reply to the show cause notice, Legal notice, Postal Receipt, Postal Acknowledgment Card, Returned postal envelop, Reply Notice.
Defendants Documents
Bye law of Aruvipuram Kudumba Unit, Marana, Eroor.

Advocates

Party Role
Plaintiff
Advocate Name
Babu Cherukara
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sevi Varghese
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Sibi Karun
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
R. Rajesh
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Damages
Outcome: Refused
Description:
Compensation for defamation and damages caused by the defendants.
Evidence:
The issue I is to be answered as against the plaintiff.

Documents & Evidence

Document Type: Show Cause Notice
Submitted By: Plaintiff
Relevance:
Issued by the defendants alleging the plaintiff attended meetings intoxicated.
Reference:
Ext.A1
Document Type: True copy of the reply to the show cause notice
Submitted By: Plaintiff
Relevance:
Plaintiff's response denying the allegations made against him.
Reference:
Ext.A2
Document Type: True copy of the Legal Notice
Submitted By: Plaintiff
Relevance:
Legal notice regarding the defamatory allegations.
Reference:
Ext.A3
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
Proof of sending the legal notice.
Reference:
Ext.A4
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
Additional proof of sending the legal notice.
Reference:
Ext.A4(a)
Document Type: Postal Acknowledgment Card
Submitted By: Plaintiff
Relevance:
Acknowledgment of receipt for the legal notice.
Reference:
Ext.A5
Document Type: Returned Postal Envelop
Submitted By: Plaintiff
Relevance:
Returned envelope as proof of mailing.
Reference:
Ext.A6
Document Type: Reply Notice
Submitted By: Plaintiff
Relevance:
Another response related to the allegations.
Reference:
Ext.A7
Document Type: Bye law of Aruvipuram Kudumba Unit
Submitted By: Defendant
Relevance:
Document submitted to support the defendants' position.
Reference:
Ext.B1

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Biju T. B vs Mr. Manu P. S et al regarding defamation and damages.
Case Code Year
Case between Biju T. B vs Mr. Manu P. S et al regarding defamation and damages.

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Wed, 12/02/2020 - 12:00
Case Closed
From
Sun, 12/01/2024 - 12:00
To
Tue, 12/31/2024 - 12:00
Outcome Confidence
75%

Involved Entities

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