Transfer of Property Act, 1882, Section 6(e) -- Right to sue for defamation cannot be transferred by one person in favour of another - Right to sue for defamation is a personal right attached to the person who claims to have such right to sue for damages for defamation...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Suit for defamation - In the absence of allegation of defamation against the person sought to be impleaded as a party to the suit, he cannot be impleaded merely on the basis that he forged and fabricated the resolution - Application dismissed...........
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 199, Indian Penal Code, 1860, Section 499 -- Complaint of defamation - Locus standi to file - Held, in respect of offence of defamation, S.199 Cr.P.C. mandates that Magistrate can take cognizance of offence only upon receiving a complaint by a person who is aggrieved - This limitation on power to take cognizance of defamation serves..........
Criminal Procedure Code, 1973, Section 199, Indian Penal Code, 1860, Section 499 -- Complaint of defamation - Locus standi to file - 'Shri Jawaharlal Nehru did nothing for children' - Statement made by Gujarat Chief Minister - Not an attack on reputation of anyone in particular - Remarks are general in nature - Complainant cannot be said to be `aggrieved person' to file..........
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,..........
