Criminal Procedure Code, 1973, Section 199(4)(b) -- Defamation - Sanction for prosecution - It is not necessary for State Government to separately issue sanction order against each one of accused when they all are responsible for telecasting and publishing news item in the electronic and print media and also when names of said electronic and print media have already been..........
Criminal Procedure Code, 1973, Section 199(4)(b) -- Defamation - Sanction for prosecution - Accused contended that while granting sanction in favour of complainant, State Government has not applied its mind - Contention rejected as said sanction was accorded after appreciating statements telecast/published by accused in electronic and print media - Moreover, granting..........
Indian Penal Code, 1860, Section 500 -- Defamation - Quashing of summoning order - Whether the statement made by accused on the basis of news items telecast/published in electronic print media amounts to defamatory statement or not - It is a question of fact and has to be examined, considered and answered only after regular trial proceedings - Initiation of proceedings..........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Suit for damages - Defamation - Matrimonial dispute - When an imputation has been made in a complaint made to the Law Enforcing Agency with the belief that such Agency would take criminal action against the persons against whom such imputation are made, the same will provide a valid exception taking..........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Suit for damages - Defamation - Matrimonial dispute - Lodging of complaint with police - Cannot be considered to be a publication of a defamatory statement - If at all any wrong is committed by lodging a false complaint with the police and thereby setting the criminal law in motion, it may amount to..........
Indian Penal Code, 1860, Section 500, 506 -- Defamation - Proof - After presentation of Challan against complainant U/s 406 and 498A IPC a news item heading "Hatyaropio Ko Giraftar Karne Ki Mang" was published in newspaper - At the time of publication of said news, concededly complainant was facing investigation of offence of attempt to murder - Held, if some news item is..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 499, 500 -- Public servant - Sanction for prosecution - Act of defamation does not come within purview of official duty and therefore, sanction for prosecution u/s 197 Cr.P.C. is not required...........
Indian Penal Code, 1860, Section 499, 500 -- Defamation - Magistrate in a private complaint against SHO and other police officials called for status report - SHO filed status report which was alleged to be scandalous and defamatory - Complaint filed for offence u/ss 499/500 IPC - No prima facie case to show that reputation of complainant was harmed due to contents of..........
Indian Penal Code, 1860, Section 500, 34 -- Defamation - Publication of defamatory news item - Entire news item activated by malice in as much as respondent No.1 was the tenant of appellant and unauthorized constructions which he made was ordered to be removed by Court - News item regarding inaction of MCD despite Court orders, turns its focus to the owner of property in..........
Indian Penal Code, 1860, Section 500, 34 -- Defamation - Publication of defamatory news item - Quantum of sentence - Respondent No.2 was Editor of newspaper in question which has since closed down its business - He is stated to be over seventy years of age - It is pleaded that he is not himself the author of news article and therefore his liability is not in the same..........
