Defamation -- Suit for damages - Doctrine of qualified privilege - In a civil defamation case, it is not necessary to prove intention or malice - Where communication is protected by qualified privilege, absence or presence of malice becomes decisive and plaintiff has to prove express malice...........
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..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - Suit for defamation - Three-fold test of establishing (i) a prima facie case, (ii) balance of convenience and (iii) irreparable loss or harm, for the grant of interim relief is equally applicable to the grant of interim injunctions in defamation suits - However, this three-fold test must..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Suit for recovery of damages for defamation - Simply averring in the plaint that defamatory and derogatory statements have been made would not amount to disclosure of cause of action, particularly when plaint does not disclose any dates on which cause of..........
Civil Procedure Code, 1908, Order 7, Rule 11, Family Courts Act, 1984, Section 7 - - Rejection of plaint - Suit for non interference with judicial and official proceedings and payment of damages for defamation and harassment - Plea of exclusion of jurisdiction of civil Court - Interference/disruption of judicial proceedings and/or defamation even by a spouse does not fall..........
Indian Penal Code, 1860, Section 499, 500 -- Defamation - Reading contents of FIR loudly in Court, in a civil suit - Cannot be treated to harm or diminish reputation of complainant - Complaint and entire proceedings quashed...........
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Article 75 -- Rejection of plaint - Limitation - Suit for damages - Defamation - Art.75 of Limitation Act, provides one year limitation from the date of publication of libel - Last date of publication/telecasting of news item was 2014 and one year thereafter had elapsed on 2015 - Suit filed in 2017 thus,..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11(a) -- Rejection of plaint - Non-disclosure of cause of action - Suit for damages for defamation - Issuance of notice by counsel on behalf of his client to another counsel or party does not constitute defamation as there is no publication of defamatory material - In suit for damages, cause of action will arise only..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Deletion of name of defendant - Suit for recovery of damages for defamation - Suit proceeded not against publishers of news but against persons who are prosecuting plaintiff for offence complained - Information which defendant/I.O has supplied to newspaper is not beyond contents of FIR or is contrary to investigation carried..........
Civil Procedure Code, 1908, Section 19, 20, Order 7, Rule 10 -- Defamation - Territorial jurisdiction - Suit for compensation and damages - Defamation caused on account of publication of article in daily newspaper published and circulated in Bihar only - Cause of action does not arise at Delhi merely for the reason that interview took place at Delhi - Mere plea of..........
