Indian Penal Code, 1860, Section 500, Criminal Procedure Code, 1973, Section 397,401 -- Defamation - Revision - Quashment of proceedings and summoning order - Accused Principal of College in which complainant was working as Instructor - Offending words are extracts of two complaints made by revisionist to higher superior officer, which were dispatched prior to filing of..........
Indian Penal Code, 1860, Section 499, 500, 501, 502 -- Defamation - Essential ingredients - Held, mens rea to cause harm is the most essential sine qua non for an offence u/s 499 IPC - To constitute "defamation" u/s 499 IPC, there must be an imputation and such imputation must have been made with intention of harming or knowing or having reason to believe that it will harm..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 499, 500, 501, 502, 34, 5, 7 - - Defamation - Quashing of complaint - Prosecution of Chairperson and Managing Director of publication company - No specific averments in complaint against them - Allegations made by complainant are prima facie vague and based on presumptions - Held, in absence of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 499, 500 -- Defamation - Allegation of false averments in written statement - Complaint - Quashing of - Whether averments contained in the written statement would constitute an offence of defamation or not? - Held, this question is no more res integra - The civil suit in question has already been..........
Indian Penal Code, 1860, Section 499, 500 -- Defamation - Prosecution of Chief Educational Officer - Held, an artificial/juristic person cannot be prosecuted for an offence u/s 500 IPC, for such an artificial/juristic person cannot be attributed with any malicious intention because malicious intention can be attributed only to a living person - In the instant case, Chief..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 500 -- Defamation - Issuance of process - Validity - Complainant pleaded that averments contained in complaint filed by present petitioners against him u/s.138 of NI Act are libelous - Process issued against present petitioners - Challenge to - Held, filing of a case is a publication, however,..........
Indian Penal Code, 1860, Section 500, 211 -- FIR alleged to be false - Complaint u/s 500 IPC - Transferred to the Court dealing with the charge sheet filed against complainant - Court to treat the complaint as an application u/s 211 IPC and to consider the same at the stage of final conclusion of the trial having regard to the provisions of S.340 Cr.P.C. - Court will pass..........
Indian Penal Code, 1860, Section 499, 500 -- `Excommunication' - Falls within the definition of defamation - Effect of excommunication does not fall within the exceptions of the provision of S.499 IPC...........
Indian Penal Code, 1860, Section 500, Criminal Procedure Code, 1973, Section 468 -- Defamation - Complaint - Limitation - Time to begin - FIR lodged containing defamatory allegations - FIR quashed - Limitation to file complaint starts to run when FIR was lodged and not when it was quashed - Complaint filed beyond 3 years period of limitation - Quashed...........
Indian Penal Code, 1860, Section 500 -- Defamation - Accused allegedly abused complainant in vilest terms willfully and consciously thereby harmed his reputation and lowered his prestige in estimation of general public - Words not uttered in heat of moment as there was a scuffle between the parties, but used as a calculated measure accusing complainant of having illicit..........
