Showing : 1-10 of 34 Results

BOMBAY HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 499, 500, Criminal Procedure Code, 1973, Section 202-- `Impotent person' - Use of such words in pleadings constitute offence of defamation though such words used with the words `and the child was born by medical ovulation period technique as was suggested by the gynecologist' - Use of such words in a different sense can be proved during trial but at..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 199-- Prosecution for defamation - Complaint u/s 199 Cr.P.C is required to be filed in a Court of Sessions that alone is vested with jurisdiction to hear and try alleged offence and even without case being committed to said Court by a subordinate Court - S.199(2) Cr.P.C. r/w S.199(4) Cr.P.C. therefore,..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 199(2), Indian Penal Code, 1860, Section 499, 500-- Prosecution for defamation - Complaint against accused filed by Public prosecutor on the very same day on which sanction for prosecution was accorded - Haste with which complaint was filed prima facie indicates that public prosecutor may not have applied his mind to materials placed before him -..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 199(2), Indian Penal Code, 1860, Section 499, 500-- Prosecution for defamation - Alleged defamatory statements have no reasonable nexus with discharge of public duties by or office of Hon'ble Chief Minister - Remedy u/s 199(2) Cr.P.C and S.199(4) Cr.P.C thus, not available - More so, Public Prosecutor admitted that he filed the complaint against..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 500, 501, 502-- Quashing of proceedings - Defamation - Publication of news item - Content of appellant's compliant disclose facts necessary to establish commission of one or all of the alleged offences - Whether there is sufficient evidence to establish the guilt of accused for alleged offences is a matter that..........
DELHI HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 499, 500, Criminal Procedure Code, 1973, Section 300, Constitution of India, 1950, Article 20-- Civil suit for damages and criminal proceedings for defamation - Same parties in both the cases - However, both the cases are different in nature - Both civil suit and criminal proceedings can continue simultaneously - Accused cannot get the stay of criminal defamation case by claiming benefit u/s..........
DELHI HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 499, 500, Criminal Procedure Code, 1973, Section 300, Constitution of India, 1950, Article 20-- Civil suit for damages and criminal proceedings for defamation - Same parties in both the cases - In case a decree for damages is passed in civil suit then it does not stand in the way for pursing criminal proceedings for defamation...........
DELHI HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 499, 500, Criminal Procedure Code, 1973, Section 300, Constitution of India, 1950, Article 20-- Civil suit for damages and criminal proceedings for defamation - Same parties in both the cases - Both the cases are different in nature - Pendency of both the cases does not amount to double jeopardy...........
HYDERABAD HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 499, 500, Criminal Procedure Code, 1973, Section 482-- Defamation - Quashing of proceedings - Proceedings cannot be quashed on the ground that alleged act of accused falls within exception to S.499 IPC without there being any evidence on record...........
HYDERABAD HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 205, Indian Penal Code, 1860, Section 499, 500-- Defamation - Exemption from personal appearance - At the time when offence was committed accused was posted at place `V' in Andhra Pradesh and he was subsequently transferred to Maharashtra - Presence of accused on every date of hearing be not insisted unless his presence is required for any..........

Showing : 1-10 of 34 Results