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..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 500, 34 -- Defamation - Publication of defamatory article in newspaper - No positive averments in complaint about petitioners having prior knowledge of publication or petitioners being directly responsible for publication of said imputation - No presumption u/s 7 of Press and Registration of Books..........
Indian Penal Code, 1860, Section 499, 500, Criminal Procedure Code, 1973, Section 482 -- Defamation against company - No such offence will lie against company as company is only a juristic person and it cannot be attributed with mens rea, which is an essential ingredient for constituting the offence of defamation...........
Torts -- Claim for damages for libel - Defamatory article - First published in print media and then on website - Continued residing of defamatory material or article on the website does not give continuous cause of action to plaintiff to sue for defamation/libel - However, if there is re-publication resorted to by the defendant - with a view to reach different or larger..........
Torts -- Defamation - Suit for damages - Defamatory article posted on facebook on or around 26/27.10.2008 and thereafter booklet containing defamatory material circulated on 25.12.2008 - Limitation for suit expired on 25.12.2009 - Since suit to claim damages for libel has not been filed within period of limitation of one year from the date when cause of action arose, i.e...........
Indian Penal Code, 1860, Section 499 -- Class defamation - Proof - Held, in order to attract class defamation it must be proved that a defamatory imputation is against a collection of persons - Collection of persons must be an identifiable body so that it is possible to show with definiteness that a particular group of persons as distinguished from rest of community was..........
Indian Penal Code, 1860, Section 499 -- Class defamation - Complaint - Locus standi - Held, an allegation when made against a class of persons, which is identifiable, definite and determinate in relation to imputation, then, a member of that class so affected, is a person aggrieved, entitled to file a complaint u/s.499 IPC with the aid of Exp.2...........
Criminal Procedure Code, 1973, Section 200, 468 -- Defamation - Private complaint - Cognizance of offence - Magistrate took cognizance on 20.10.2005 - Again took cognizance on 26.07.2008 - Held, it is well-established principle that Magistrate cannot take cognizance on a complaint on two occasions - Therefore, subsequent order dated 26.07.2008 taking cognizance of offence..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 499, 500, Press and Registration of Books Act, 1867, Section 7 -- Defamation - Private complaint - Quashing of proceedings - Perusal of complaint reveals that petitioner No.1 is Editor whereas petitioner No.2 is Managing Editor - In complaint, respondent except stating that petitioner No.2 is..........
