Can You Sue For Defamation Like Akshay Kumar For Rs. 500 Crores?
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- Опубликовано: 21 ноя 2020
- I am a Delhi based lawyer.
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God bless that intern at Times Now 😂
😂
lol
Plot twist: he/she is the child of the Judge
@@charanajay3534 damn
lol
Well, the usual course in these cases is to file it in gujarat where the court fees is flat 75k.
So any from India can go and file in that Gujarat court with a flat fee of 75K?
@@hanselxyb5825 Subject to correction, Gujarat Court Fees Act of 2004 sets the 'maximum fees' for defamation at Rs. 75,000. You can file the suit in Gujarat if you can prove that the 'cause of action' arose there. Practically, that generally translates to proving that the defamatory article was published, read, or caused damage in Gujarat.
@@madhavsjc good thing you have cleared that. otherwise it would've taken out of proportion/context for many.
@@madhavsjc so if a incorrect news is telecasted on a national news channel, this can be done in Gujarat since national news channel are accessible in the state.
Sir you are exceptional people I ever seen and it's a privilege that i am ur student on social media..
In other words, rich people can easily sue poor ones but don't even think about the opposite. All laws are so much in favor of rich! :/
No it means why would a rich person spend crores when he cannot recover that from the poor
And exactly how?
It means that your reputation is damaged and affecting your networth. So it's obvious rich people will do more.
Actually now a days no one thinks before speaking. Celebs and Rich's always tries to ignore this but when situation get on head this is what happens
Damages sought is supposed to be in line with the person's wealth and income potential (and how much the act has cost the claimant). For a poor man, that would be a miniscule amount. But that won't make the law unfair in any manner.
Great content. Thanks for uploading these informative videos.
Insightful information
Over all india newly came in to practice of advocates were learning good knowledge good court language from you sir.thank you very much 🙏
Thank you so much sir
I came across ur channel recently
Like ur content
Kudos
Thank you amish Agarwala Sir 👏👏📚🖋️⚖️🙏
Justice Sawant passed away in Feb of 2021, it's not clear if he received the amount from Times Now
I have been watching your valuable speaches.which are very useful to me in my practice more over you are using indian standard simple English.. it's very very useful..... Namaskar
Imho, in civil cases anyway court fees are a prerequisite. Isn't it? So what is special about the 1% demand? Probably it is less than the usual percentage had it been a property case?
But he is Canadian; can an OCI file case in India?
@@ok-ys9ti Isnt he smart?
@@ok-ys9ti he hasn't given up Canadian citizenship..
@@ok-ys9ti who told you? Are there any references ?
@big pp Dual citizenship isn’t allowed by Constitution of India, Indian law says as soon as you get citizenship of any other country your Indian citizenship automatically gets cancelled.
@big pp yep! OCI holders just cannot hold political office, buy agricultural land and cannot vote other than that OCI holders have same rights as regular NRI.
No. According to court fees act, the highest court fees is 3lakh in lieu of any amount of claim.
Ambani uses gujarat as there being fixed fees
A quick question
Suppose AK did deposit 10Cr.
And went on to filing the case, however the RUclipsr lost the case but doesn't have 5lakh to give to AK let alone 500 Cr.
What happens then?
Does he pay whatever he has or whatever is decided by the court and AK gets his court fee back?
On what basis is the amount of money demanded for defamation decided? What if the person who sued loses the case? And what may be the consequences if he wins the defamation case & the person is unable to pay that much high amount?
From what I gather, any suit valued more than 3 lakh rupees the court fees doesn't exceed rs 3 lakhs
One day Sir you are top advocate of lndia.
Hi Amish,
your videos are very informative. Congratulations on that.
Can you please make video on below situation ? i am sure this is very common scenario and large number of people would like to know about it and protect themselves. This is mainly whatsapp forwarded msg case. Friend of mine asked for advice but i am not lawyer hence though of posting it to you for better fool proof advice.
Below is the scenario -
friend of mine(A) was scared by another friend(B)(member of some political party), based on whatsapp chat. A forwarded some message with photo of political party leader in friends group chat. B went to police tried to file FIR for Defamation of political leader. police reached out to A & A's parent on this. B meanwhile said to A that, you(A) apologize in group chat with giving proper reference of date/time/msg in group chat and he will take complain back. Meanwhile A's parent tried to calm down B saying you both are old friends etc. But B turned out arrogant. Police refused to show copy of complaint.
Meanwhile B tried to scare A saying he will also try to take this matter to OBC SC ST people considering the Photo msg was related to such cast. And those people will come to A's house and do protest etc. Basically B scared A a lot.
Meanwhile turned out A's lawyer and police of station are closely connected. So A tried to use that to advantage as police also tried to scare B & specially B's parents. Finally B & B's lawyer mentioned give some money to A , some money to police, some to B's lawyer and they will show as matter is resolved outside(Dil jamai)and takes case back.
Can you pls make video on this.
1. please explain this case in law's perspective.
2. Can case be filed by party member on the behalf of big political leader for forwarded whatsapp msg.
3. why B asked for apologize with date/time/msg, was it another tactic to frame A to accept mistake?
4. how to deal with such scenario
5. how to deal with such police, how that police be reported with proper way. AS there wont be evidence.
6. what A can do to protect himself from B in the future? (what proactive steps can be taken)
7. Can A file complain against B
8. A is poor fellow hence he doesnt want to get into legal battle but also doesnt want B to keep scaring him lifelong. What are better way to make records straight and A can live happily ever after.
Thanks
Free me lawyer consultation 😂😂
@@shubhamnh it looks like free. But this is biggest and most annoying problem that almost everyone would have come across either with their friends/relative due to some bad wishers/such people. This might be the video he is waiting for to go viral and to get next 100k subscriber or million views amounting well over a sedan ?..you never know.... i wont get share of the success. its like helping others to help yourself.
Anyway he is doing a great job and explaining things in very simple & robust way without repeating any content. Much wishes to his success.
Thats why one should keep their opinions to themselves.
He can get in to some very serious troubles.
If a lawyer suggest to apologize on whats app group is good idea then go ahead and do it.
Pride will not save you money and trouble.
But first let B post a message on group asking for apology mentioning legal action underway then it's pretty safe to apologize.
@@bullseye6969 I agree with you and elders suggested same thing to A that he has no money, no power, no time so better keep Ego aside when dealing with crack head friend/person.
B mentioned to apologize and will go file FIR just as part of group conversion, but seem everyone in A's group thought B was joking as they all were school friends, but now late 20s.
It was little confusing for all to politicizing conversion in group as its just school friends group. And I guess they were expecting to have platform to express anything they want without limitation or expecting anything such may happen. anyway
B went to police and tried to file FIR without posting anything on group(i guess it wasnt joke when he said it). Police directly contacted A and A's parents basically. A's parent begged B to forget everything as those are school friends and all. B didnt budge. Finally everybody suggested A to apologize, regardless B asking/not asking on group for apology go ahead and apologize and get out of the group. A did apologize and left group.
basically even close friend cant be trusted(B), A's parent had to go through a lot.
seem B's lawyer offered to A's parent to take case back by asking bribe for him and for police. But dont think they have any evidence apart from little clip of conversation. So seem things went pretty out of hand and B turned out to be some kind of villain personality like they show in south movie. This is very sad to see such thing happening around us but seem thats the reality of life. Villains are not some other people but they are around us only.
back to topic-
Hence wanted clarification whether whatever pressure B was trying to create with help of his known police/lawyer and being party member, is it valid? How to deal with it. How long a whatsapp/electronic/real life defamation incidence can stay valid from day 1 of incidence. Can it be reinstated after any time ? And also need some light to be shed on other questions that I asked in my first post.
Most importantly, how A can protect himself in future from B in case B tries to remind/say he still may use old incidence for FIR or so...or basically we want A to live happy life and without any fear. how can he protect himself legally to avoid any misadventure purposefully created/planted by B/B's political power/B's police relation
useful..
Can a Canadian national sue an Indian citizen...this can happen only in Canada...and I also love mangoes
It can happen, as long as a foreigner is living in India on a valid visa he has almost all the rights.
I live in Australia and I am suing a Australian citizen and I won't be desciminated in any way by the authorities.
Amish- Can you make some videos , related to UAPA abuses by Law Enforcement,
Thanks in advance
Uapa is good for the country any person trying to divide country should be jailed for life and i think uapa should be used (abused as you say ) more
@Aashu Just search why conviction under the UAPA and Sedition is low in India. Also why recent UAPA amendment has empowered the political party in power to impose UAPA charges and not keeping it to the formal agencies? Nashe utarne ke baad comment kiya karo.
@@ashya.pashya sedition law has no business now it's old business law . It's discrimantely used by political leaders for vendetta
No people has power to divide unless politics is involved they are the one who do it
Sir, I have a probate case going on. However my relatives have maligned my mother particularly by calling her a greedy woman etc. Can I sue the relatives on these grounds or is it too filmsy? The relatives were trying to throw my mother out of our own home to acquire our house post my father's death.
I feel helpless at times to deal with the said relatives. Is there a way to keep them under control till I'm granted the probate?
Please do reply when free. Regards
What happens in the scenario where the defendant cannot pay the amount even if he/she looses?
I have recently joined a software firm, as an fresher we have 6months training and then full time, for which companies usually have 2years bond. I have signed such an bond, so if before 2 years i want to leave the company can i fight legally and avoid paying the penalty of breaking the bond? If possible could make a small video on this?
Thankyou.
Many courts have ruled against the companies having such bonded labour contracts.. The company needs to prove the amount of money invested in your training which calls them to make a bond like this against the employee. Companies usually fail to prove such things and they want dont want to go court and create a landmark judgement against themselves which will be used against them by rest of the employees
@@sachin1011ify thanks for the information 👍🏻
Don't you think it's stupid of courts to only allow damages which have been incurred by the complainant?
What happens in reality is, a few companies continue to cheat or provide low quality goods to crores of customers knowing full well that people generally avoid suing.
Even in case someone does sue, they know that they'd ultimately get off by paying a meagre amount.
What about consumer court cases bro, like if company promise me become white, but I cannot become because of reality, what is that cases? How can we file them?
Right now Assamese media channels have been showcasing drunk drivers in media without blurring their face. Can we sue the media for defamation ?
Akshay Kumar signs 3-4 movies in a year. I am sure he would be able to prove his loss. Each movie are made for around 50-100 crores. so ya, that makes sense. Defamation can indeed affect movie revenue.
Brother if a politician tricks you ask a survent to get your old phone and memory card uses your phone number to file a fir and blackmail you and another person where to go then
Will you get it back if you lose the defamation case?
But Why? When we are paying taxes and most court are working on taxpayers money then why we need to pay. Not everyone have that amount of money. So they will not get justice?
Bcoz it is based on what financial impact have u gone due to the defamation...
Like if u are an tea stall owner and nobody came to your tea stall U suffered loss pf say 1 lakh
But is it okay for u to ask defamation case of 500 crores..
No right so just to prove their capacity they have to submit the fee..
Actually the defamation case is mainly concerned with "Aukaat"
@@misterwinner8459 I don't think this is correct method someone will approach him nad will ask I will give you 1 crore you put case when you will win case give me 10 keep rest..It's easy for court to know by tax payed by person oor other means your answer is insufficient try another one.
@@mukulmishra7694 If You Can't Pay 1crore this means You Can't suffer a loss of 100 cr as simple as that...
And The during the course of case they will have to show how the loss occured during defamation...
Well The money lending thing can happen But to prove defamation is not simple
@@misterwinner8459 yaa now you got my point, when anyone can borrow money and pay any amount and anyway court is going to recheck all the sources then why it's need to pay 2% on first hand..
@@mukulmishra7694 yes Thats true but you should also consider
"anyone" can't bring money some people can.. so its like a checkpoint
can I take loan from bank to pay court fee for defamation?
Yes, but that will be too risky. It's generally very hard to prove defamation damage. It may just hit you back.
bank would never give loan for such cases.
😂. Personal loan mil jayega maybe.
Karja uthake case ladne chale.
In that case you dont have social status to evaluate it in money.
Gujarat has fixed fee, thus ambani sue in that state
Most probably it was a tax saving tactic 😅
I have a #question: Akshay Kumar is a Canadian citizen then will he get any benefits on this case or any negative impact on the case ?
Am I the only one getting these videos as recommendation?
No
How much time it takes to get defamation suit settled in court?
If the filing person fails to prove the defamation, then will that 2% be refunded?
I’m not a Law student but you can consider the example of challenging a question from your board examinations of class 12. If you are successful, you are refunded, otherwise you’re not!
The soul purpose of such a fee is to prohibit non-serious or non-genuine people from filing such a costly lawsuit. Who are potentially waiting for the odds to hit the jackpot.
@@swagotosurjodutta7341 I applied for revaluation it costed me around 1000 they revaluated and gave me 6 more marks... 184 to 190... Now it was a mistake of the previous evaluator but I paid this 1000 fee and it was not refunded.
The judge decides on costs along with the main dispute. If it decides that the opposite party has to bear the costs then you can get the money back. The court fees is the fees for hearing your case. No matter the outcome the court does the work, so a refund is not possible.
*Akshay sir did right.... If U Are an youtuber it not means that u should spread fake news*
@Coo Koo nowadays people worship Bollywood stars more than their teacher😂🇨🇦 Jai kanada
@Coo Koo yes Akshay "sir" is definitely a good example.
😂 o my god bless those person who sue by AK 😂
When you don’t have movies anymore, you are getting older and don’t see any future to earn money, better sue the people and feed on it.
You even don't know what u are saying
@@shivang8195 why don't you know how to read English?
Akshay makes 2-4 movies every year.
@@anujjain4076 and these are the se people who gives them business.. and he is suing them...
@@mohitchauhan6153 paisa ho to kya nahi ho sakta.
What if Akhshay kumar deposits 10 cr to court is there still possibility that court will ask the person to pay 500 cr?
No
Court fee does not decide matter
Does court return the 10 cr rupees back to Akshay Kumar after he win the case?
@@RaviSingh-fv4sh yes
His Horlicks ad have more sugar than protein
*Why is write your Surname spelling AGGARWALA instead of AGARWAL?*
3 percent sir
i was the intern...
Ashu pradeep arora along with star wife.. Shwetagupta akshayjumartwinklekhanna upcoming jodi naina jodi..
Is put against trual in courts fr defaming their own sister.. Nd her husband to break their marriage fr money.. Earn...
Defamation case put against both
Maximum court fee which need to be deposited is maximum Rs.3 lakh
In maharashtra?
Yes
7
But sir what about if he is not indian as Mr Akshay kumar is i guess?
Bro akshay kumar has got dual citizenship.......he is both an indian and a canadian......
@@abdulmateen9412 lmao, another one. Dude, India doesn’t allow duel citizenship. Fake nationalism ke chakkar mein mt pado bhai. Akshay ne aadhe india ko chutiya bna rkha h duel citizenship ke naam se
😍👍👍
Hello sir.... Do u know about Sandeep maheshwari...
He is bullying a small youtuber like hell?
What we can do now
2% of 100 cr = 2 cr
Good luck akshay.
what if akshay pays that 10 crore and wins the case
then does that intern has to give akshay 500 crores
what happens if a person cant pay that money does he goes to a jail ?
you didnt address this .
Yes jail
And he was a youtuber i think
Jail!!
these actors and actress are no more than clowns whoever appreciate and idealizes them need to seriously consider there idol grounds if you want to appreciate than appreciate artist like irfan khan and good script writers because they are the real heroes
Us youtuber ki halad khasta ho gayi lagta ha.
When there are a group of bad people making crores of money and damaging the reputation of a host person
Jai Shri Ram..