Suits Valuation Act, 1887 -- Defamation - Non-mentioning of present husband`s name in obsequies card - Obsequies card were printed in the name of first husband showing him as legal heir of deceased - However, intention of printing obsequies card is not to suppress remarriage or present husband's name but it was made to clear to relatives and friends as to whose last rites..........
Indian Penal Code, 1860, Section 499 -- Defamation - Characteristics of defamation are: (i) words must be defamatory; (ii) they must refer to affected person; (iii) they must be maliciously published...........
Indian Penal Code, 1860, Section 499 -- Defamation - Spirit of offence of defamation lies in dissemination of harmful imputation - In order to constitute an offence of defamation, it should be communicated to a third party because what is intended by imputation is to arose hostility of others...........
Indian Penal Code, 1860, Section 500 -- Defamation - Publication issued on behalf of accused to protect their interest in the property regarding which civil suit was already filed by accused against complainant - Complainant during pendency of civil suit in violation of injunction order sold eight plots, then, action of accused effecting publication regarding the same, is..........
Indian Penal Code, 1860, Section 500 -- Defamation - Appeal against acquittal - Leave to appeal - All allegations regarding alleged offence made against main accused - No specific allegation made against any of respondents nos.2 to 10 except that they are part of demonstration made against applicant - At the most respondents were also signatory of memorandum, which was..........
Indian Penal Code, 1860, Section 499, 500 -- Defamation - Order rejecting complaint - Prosecution of Presiding officer - Letter which forms basis of complaint contains substantially correct facts and presiding officer in good faith has communicated same to concerned authority, which comes within the purview of exception to S.499 IPC - Said letter cannot be termed as..........
Indian Penal Code, 1860, Section 500 -- Defamation - Accused allegedly made imputation that complainant a married man had developed intimacy with one lady and used to go to her room and spend night with her - However, evidence on record shows that such imputation was an untrue one and maliciously made by complainant himself to malign accused - Such imputation is thus..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Suit for defamation - Defendant denied allegation of defamation made against him - Plaintiff has to prove his case - Defendants not required to begin with the evidence first - Thus, plaintiff is rightly directed to begin with his case...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- L.R's - Suit for recovery of damages on ground of defamation - Death of plaintiff during pendency of suit - Cause of action to file suit for damages is purely personal in nature and cause of action will not survive after death of plaintiff - Thus, LR's of deceased plaintiff cannot be impleaded to pursue the suit...........
Indian Penal Code, 1860, Section 499, 500, Criminal Procedure Code, 1973, Section 300, Constitution of India, 1950, Article 20 -- Civil suit for damages and criminal proceedings for defamation - Same parties in both the cases - However, both the cases are different in nature - Both civil suit and criminal proceedings can continue simultaneously - Accused cannot get the..........
