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..........
Criminal Procedure Code, 1973, Section 482, Press and Registration of Books Act, 1867, Section 7 -- Defamation - Quashing of proceedings - Complainant specifically stated that accused persons in most systematic manner started publication of malicious news item targeting complainant and her company - There is no dispute that news items, as alleged by complainant, have been..........
Criminal Procedure Code, 1973, Section 200, Indian Penal Code, 1860, Section 500 - - Defamation - Complaint - Locus standi - Involvement of CM in a case of disproportionate assets and certain mis-doings of Government are essential highlights of write-up - Person most affected by such utterances in writing could be CM himself or his immediate family members but not a person..........
Indian Penal Code, 1860, Section 499, 500, Constitution of India, 1950, Article 19(1)(a) -- Defamation - Expression of opinion - Free speech which intelligibly questions a performance of Government and persons running it - Held, it cannot be termed to be defamatory - It would certainly be protected by Art.19(1)(a) of Constitution of India - Hence such an opinion can at..........
Indian Penal Code, 1860, Section 499, Criminal Procedure Code, 1973, Section 482 -- Defamation - Quashing of complaint - Father-i, law alleged to have defamed complainant/damad by writing letter and showing contents of same to near relatives - Father-i, law has made reference to differences and disputes that took place between complainant and his wife - Father-i, law has..........
