Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for recovery of damages for defamation - Period of limitation u/art 75 of Limitation Act would not get extended after expiry of one year from date of publication of libel - Suit is not within limitation prescribed u/art 75 of Limitation Act - Plaintiff even if proves all..........
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...........
Family Courts Act, 1984, Section 7 -- Jurisdiction of Family Court - Petition seeking damages for defamation by wife against husband without any other accompanying relief is not maintainable before Family Court...........
Defamation -- Essentials are : (a) Statement must be defamatory; (b) Said statement must refer to plaintiff; (c) Statement must be published...........
