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What is maximum amount of money that can be claimed by some plaintiff as compensation for damages in civil courts of India for the defamation
& for the malicious false proceedings ?
What civil courts of India do when; suppose some defendant looses the case & is orderded to pay compensation money FAR BEYOND his whole life's earnings & property?
e.g.suppose someone has to pay compensation of 20 carores BUT his total earnings and property cost only 20 lacs
In such cases do they send some defendant jail because of non payment?

2007-07-07 17:01:11 · 3 answers · asked by vijayshree s 1 in Politics & Government Law & Ethics

3 answers

Presumptions & assumptions have no place in legal system. Any compensation that is prayed by any person who is defamed for civil damages may be in as much amount but the courts follow the principle of reasonableness & justice in deciding the actual amount of compensation. The main criteria in this is the actual disclosed income of the claimant for the last few years on the basis of which the courts can calculate his or her social standing in the society along with this they consider the actual damage of reputation that will effect his or her income by any defamatory imputation. Now if on this basis the compensation comes to any amount that is beyond the means of the respondent then the courts can always order that such whole compensated amount should be paid in some reasonable installments that may not bring any hardship to the respondent. Even if the respondent fails to carry out such orders of the court, his property can be attached & sold for paying off compensating of the claimant. The court can even declare the respondent insolvent & prevent his arrest & imprisonment that remains the last resort if the compensation amount could not be recovered from him.

2007-07-07 17:52:48 · answer #1 · answered by vijay m Indian Lawyer 7 · 2 0

Jail

2007-07-08 03:35:19 · answer #2 · answered by Anonymous · 0 0

well he should because he was ordered to pay it means he was int he wrong so yes he should pay the price for that....thats why they call it punishment

2007-07-15 23:34:13 · answer #3 · answered by Lacey S 5 · 0 0

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