Indian Penal Code, 1860, Section 500, 153, 153A, 153B -- Defamation - Quashing of FIR - Controversial sentence of an eminent historian in a book that `Oriya is a younger sister of Bengali' - Whether the statement of the writer is right or wrong is not to be decided in a proceeding like this - It is only to be seen whether the intention of the writer was to defame the Oriya..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 500 -- Defamation - Quashing of complaint - Imputations against complainant in written statement - Once a statement has been filed in a Court of law, that statement can be taken as published and if such a statement amounts to per se defamatory, it is the duty of accused to establish that he is..........
Indian Penal Code, 1860, Section 499 -- Defamation - Imputations which are malicious and reckless and not for public good, tranquility, peace of public security or as not made in good faith is defamation - The intention on the part of the accused to harm reputation or knowledge or reasonable belief that such an imputation will harm reputation of person concerned, is an..........
Indian Penal Code, 1860, Section 499 -- Explanation I - Defamation - Offending publication should not only be defamatory to the deceased but it must also be intended to be hurtful to the feelings of his family or other near relative...........
Indian Penal Code, 1860, Section 499, 501 -- Defamation - Newspaper report - Newspaper publishing report given by Secretary of Trust that Principal of College is suspended for dereliction of duty in connection with conducting of examinations - Newspaper published report containing no imputation against Principal - Where publication is based on factual report and made in..........
Indian Penal Code, 1860, Section 499, 500, Criminal Procedure Code, 1973, Section 319 -- Defamation - Complaint against two persons - Some material available against another person - Magistrate cannot suo moto array that person as accused unless a complaint is filed against him or application u/s 319 Cr.P.C. is made to summon him as accused...........
Indian Penal Code, 1860, Section 499, 500, Criminal Procedure Code, 1973, Section 199 -- Defamation - Complaint - By some person aggrieved is a sine qua non under the mandatory provisions of S.199 Cr.P.C...........
Indian Penal Code, 1860, Section 500 -- Defamation - Complaint - Details of imputation containing the words alleged to be defamatory in character should be precisely set out in the complaint - It is the said imputation or the words so set out in the complaint that will constitute the foundation for defamation - Complaint and proceedings quashed as particulars of imputation..........
Defamation -- Defamatory statement - Defence available is that of absolute privilege and qualified privilege - Absolute privilege is available to Judge, Advocate and witnesses in the course of legal proceedings, members of Legislature in the course of their debates and also for communication between officers of the State in relation to State affairs - In the case of..........
Defamation -- Defendant leader of a Union and member of governing council of hospital emphasised inaction of Government in not enquiring into the charge of misappropriation of Government fund but did not state that plaintiff had committed the misappropriation - Held, defendant is entitled to qualified privilege and thus not liable for damages...........
