Criminal Procedure Code, 1973, Section 378(4), Indian Penal Code, 1860, Section 500 -- Appeal against acquittal - Special leave to appeal - Offence u/s 500 IPC - Leave sought only against printer and publisher - Duty of a publisher includes ensuring that information pertains to a factual occurrence, which stems from a credible source - Criminal liability cannot be imputed..........
Indian Penal Code, 1860, Section 323, 147, 500, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(va) -- Offence u/ss 323, 147, 500, 504, 506 IPC and S.3(2)(va) of SC/ST Act - Compromise - Dispute is purely private in nature - Prima facie alleged offence has not been committed on account of caste of victim and except some..........
Indian Penal Code, 1860, Section 499, 500, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Defamation - Quashing of complaint - Complaint against public servant to his higher authorities - Complaint not circulated amongst public, relatives or social circle of petitioner - No offence made out - Proceedings quashed...........
Indian Penal Code, 1860, Section 500 -- Defamation - Acquittal - News item published at the instances of A1 containing defamatory words regarding character of complainant - However, neither original press note/affidavit produced before court nor DW3 admitted attesting affidavit written by A1 - Complainant failed to prove that defamatory words were published at instance of..........
Indian Penal Code, 1860, Section 500 -- Defamation - Acquittal - News item published concerning character of complainant - Admittedly, news item was published by A2 - Even, A2 did not claim to have made any inquiry before publishing news item - No evidence produced to show complainant as member of theater group, that breaches public peace and spread Gundaraj - Moreover, A2..........
Indian Penal Code, 1860, Section 499, 500 -- Defamation - Repetition of libel is an offence and repeater cannot take shelter behind plea that he had merely repeated what was said by another...........
Indian Penal Code, 1860, Section 500, Press and Registration of Books Act, 1867, Section 7 -- Defamation - Determination of publisher - Presumption contained in Act of 1867 applies only in absence of evidence - Where accused admits publication of news item, recourse cannot be taken to presumption contained in Act of 1867...........
Indian Penal Code, 1860, Section 500 -- Defamation - Calling a person Gunda spreading Gundaraj, being a member of Shallow Theater People, without any justification, indicates intention to harm reputation of that person - Intention can be inferred from circumstances of case and no direct evidence of the same can be led...........
Indian Penal Code, 1860, Section 499, 500 -- Defamation - When imputation concerning reputation of a person is made without justification, it can lead to inference that publication was with intent to harm reputation of such person...........
Indian Penal Code, 1860, Section 500, 501, 504 -- Offence u/ss 500, 501, 504 - Petitioner did not transmit any derogatory messages via social media pertaining to deceased - Absent any substantiation of petitioner's involvement in disseminating derogatory or insulting communications regarding deceased, foundation for these allegations is significantly weakened - Absence of..........
