Defamation -- Defamatory statement is one which tends to injure reputation of plaintiff - Defamation is publication of a statement which tends to lower a person in the estimation of right thinking members of society generally, or which tends to make them shun or avoid that person...........
Defamation -- Whether a statement is defamatory or not depends upon how right thinking members of society are likely to take it - Standard to be applied is that of a right-minded citizen, a man of fair average intelligence and not that of a special class of persons whose values are not shared or approved by fair minded members of society generally...........
Defamation -- Plaintiff has to prove that statement of which he complains, has been referred to him - If from statement published it can be reasonably inferred that statement refers to plaintiff then defendant is nevertheless liable...........
Defamation -- Statement must be published - Publication means making defamatory matter known to some person other than the person defamed...........
Defamation -- Publication in newspaper that husband is going to marry for the second time during subsistence of first marriage - Wife in cross examination did not reveal the name of lady with whom her husband was going to marry - Wife also not disclosed the name of person who had disclosed this information to her - Thus there is ample proof of defamation...........
Defamation -- Quantum - Damages to reputation through libel is hard to quantify - Publication, two times, in newspaper that husband is going to marry for the second time during subsistence of first marriage - Neither name of lady with whom husband was going to marry disclosed nor source of information disclosed - Rs.1,00,000 imposed as damages considering the fact that..........
Indian Penal Code, 1860, Section 499 -- Exception 1 - Defamation - Merely because petitioners accurately reported the allegations in newspapers, would not bring them within exception 1 of S.499 IPC, unless it was established that imputation to complainant's character and conduct in accepting money for political gain was true and it was in public good to publish the same...........
Indian Penal Code, 1860, Section 500, 120B, Information Technology Act, 2000, Section 66, 67 -- Defamation - No material brought on record to even prima facie indicate that petitioners had reported or published imputation concerning complainant to harm his reputation or knowing or having reason to believe that it would cause harm to his reputation - Proceedings quashed...........
Indian Penal Code, 1860, Section 499 -- Defamation - S.499 IPC would apply to defamation through Facebook and social media platforms which would come under the caption "cyber defamation"...........
Indian Penal Code, 1860, Section 499, 501 -- Defamation - Accused had published news item against character and reputation of complainant - However, accused failed to prove any justification/reasonable excuse for publishing such a defamatory news item against complainant - Case does not come under any of exceptions enumerated u/s 499 IPC - Conviction upheld...........
