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Damages |
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INTRODUCTION : The necessity to file a suit for damages arises on 2 occasions.
1). When the other side has caused a breach of an agreement/contract, then the party who suffered monetary loss due to such breach can file a suit for damages. However, the party claiming damages has to prove that he has suffered such loss beyond doubt.
2). When any person has committed such acts which tarnishes the image/reputation of a person in the society, he can file a suit for damages (also called as defamation suit) claiming such amount as the party feels his worth is.
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| 1.SUIT FOR DAMAGES (ARISING OUT OF AGREEMENT/CONTRACT) |
| 1. |
Name of Act / Procedure / Rule
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The Indian Contract Act,1872 |
| 2. |
Nature of case |
Civil |
| 3. |
Name of service (MAIN RELIEF)
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Award of compensation for the damages suffered due to breach of agreement/contract |
| 4. |
Description of Service |
Getting compensatory relief by the person who damaged the image/prestige. |
| 5. Documents required for the case : |
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| a) |
Original agreement / Contract |
| b) |
Correct address of other side |
| c) |
Office copy of legal notice, if any |
| d) |
Original postal receipt, & acknowledgment, if any |
| e) |
Any information that can substantiate the factum of such loss occurred |
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| 6. |
Time required for filing case
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2 days, provided all the necessary documents are submitted |
| 7. Law Firm Expenses (Depends from case to case) |
| 8. |
Expenses for filing the case |
As per court fee structure |
| 9. |
Limitation |
Not Applicable |
| 10. |
Official court fees to be paid for the case |
Depends on the amount claimed |
| 2 :SUIT FOR DAMAGES (OR DEFAMATION) |
| 1. |
Name of Act / Procedure / Rule
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Civil Procedure Code, 1908 |
| 2. |
Nature of case |
Civil |
| 3. |
Name of service (MAIN RELIEF)
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Seeking damages from the other side for tarnishing/damaging the image. |
| 4. |
Description of Service |
Getting compensatory relief by the person who caused the monetary loss |
| 5. Documents required for the case : |
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| a) |
Documentary proof of acts committed by the other side which amounts to damaging the image/prestige |
| b) |
Correct address of other side |
| c) |
Office copy of legal notice, if any |
| d) |
Original postal receipt, & acknowledgment, if any |
| e) |
Any information that can substantiate the factum of such damage occurred. |
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| 6. |
Time required for filing case
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3 days, provided all the necessary documents are submitted |
| 7. Law Firm Expenses (Depends from case to case) |
| 8. |
Expenses for filing the case |
As per court fee Act + Miscellaneous expenses |
| 9. |
Limitation |
Not Applicable |
| 10. |
Official court fees to be paid for the case |
Depends on the amount claimed |
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