Defamation -- Quantum - Damages to reputation through libel is hard to quantify - Publication, two times, in newspaper that husband is going to marry for the second time during subsistence of first marriage - Neither name of lady with whom husband was going to marry disclosed nor source of information disclosed - Rs.1,00,000 imposed as damages considering the fact that..........
Malicious prosecution -- Suit for damages - Failure to prove financial loss or loss of reputation - Suit rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11, Carriers by Road Act, 2007, Section 16 -- Rejection of counter claim - Counter claim against common carrier in respect of claims for damages for the loss of reputation, business opportunity etc. - Such claims are not in connection with damage or loss to the consignment - S.16 of the Act of 2007 does not come into play -..........
Carriers by Road Act, 2007, Section 16 -- Claim of damages against common carrier - Notice to carrier prior to institution of suit - Prior notice is not mandatory when claim is in respect of damages to reputation, business opportunity and not in respect of loss or damage to any consignment...........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for mandatory injunction directing defendants to pay damages/compensation on account of loss of reputation and malicious prosecution - Tentative valuation is given by plaintiff in the plaint and there is no prayer whatsoever wherein damages have been quantified - Quantification of damages would be determined by..........
Defamation -- Suit for damages - Publication of defamatory news item in a newspaper - Liability of publisher - Publisher is liable for every publication, wherein any imputation concerning another person, intending to harm or knowing or having reason to believe that such imputation will harm the reputation of other person, has been made - For such publication, publisher..........
Defamation -- Suit for damages - Publication of defamatory news item in a newspaper - Proof in case of a journalist - Proof in case of a journalist, to bring publication of a scandalous imputation under the penal law, it is not necessary to prove that it was done out of any ill-will or malice or that complainant had actually suffered from it - It would be sufficient to..........
Defamation -- Suit for damages - In an action for damages, wrongful act is a damage to plaintiff's reputation - Injuries that he sustains may be classified under two heads: (i) Consequences of attitude adopted to him by other persons as a result of diminution of esteem in which they hold him because of defamatory statement; (ii) grief or annoyance caused by defamatory..........
Defamation -- Suit for damages - Harm to reputation - Whether harm was actually caused or not is immaterial - Even intention to cause harm to reputation is not a necessary factor to be proved - It is enough, if it is shown that defendant had reason to believe that imputations are likely to harm the reputation...........
Defamation -- Suit for damages - Harm to reputation - Defendant allegedly defamed plaintiff in presence of some persons present in shop by stating that he was in adulterous relationship with one lady - However, none of seven witnesses including lady with whom he was held to have adulterous relationship, her husband, his colleagues and subordinates, have deposed about..........
