Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Suit for recovery of damages for defamation - Simply averring in the plaint that defamatory and derogatory statements have been made would not amount to disclosure of cause of action, particularly when plaint does not disclose any dates on which cause of..........
Indian Penal Code, 1860, Section 499, 500, Criminal Procedure Code, 1973, Section 482 -- Defamation - Imputations in counter filed in Court proceedings - Not circulated or stated so, in the public at large - A counter in a suit, though a public document, but is not seen by others - Even in the complaint, there is no averment that other persons read the counter - As such,..........
Civil Procedure Code, 1908, Order 7, Rule 11, Family Courts Act, 1984, Section 7 - - Rejection of plaint - Suit for non interference with judicial and official proceedings and payment of damages for defamation and harassment - Plea of exclusion of jurisdiction of civil Court - Interference/disruption of judicial proceedings and/or defamation even by a spouse does not fall..........
Indian Penal Code, 1860, Section 499, 500 -- Defamation - Reading contents of FIR loudly in Court, in a civil suit - Cannot be treated to harm or diminish reputation of complainant - Complaint and entire proceedings quashed...........
Defamation -- Suit for damages - Essential ingredients of defamation are : (a) Malice - The words must have been published maliciously; (b) They must be defamatory; (c) The words must have reference to the plaintiff; (d) They must be published...........
Defamation -- Suit for damages - Publication of defamatory news item in a newspaper - Newspaper is in no way different position from an individual - Degree of care and attention is no way less in the case of newspaper publications than that required from an ordinary individual...........
Defamation -- Suit for damages - Publication of defamatory news item in a newspaper - Distinction between comment and allegations of fact must always be borne in mind in determining whether plea of fair comment can be sustained...........
Defamation -- Suit for damages - Publication of defamatory news item in a newspaper - Liability of Editor - It is duty of an editor of a newspaper to check up the news of the information that is supplied to him, before publishing the same in his paper, especially when the news might be defamatory - Editor would be responsible for publishing any defamatory material in his..........
Defamation -- Suit for damages - Publication of defamatory news item in a newspaper - Liability of publisher - Publisher is liable for every publication, wherein any imputation concerning another person, intending to harm or knowing or having reason to believe that such imputation will harm the reputation of other person, has been made - For such publication, publisher..........
Defamation -- Suit for damages - Publication of defamatory news item in a newspaper - Proof in case of a journalist - Proof in case of a journalist, to bring publication of a scandalous imputation under the penal law, it is not necessary to prove that it was done out of any ill-will or malice or that complainant had actually suffered from it - It would be sufficient to..........
