Criminal Procedure Code, 1973, Section 199(2), Indian Penal Code, 1860, Section 499, 500 -- Prosecution for defamation - Alleged defamatory statements have no reasonable nexus with discharge of public duties by or office of Hon'ble Chief Minister - Remedy u/s 199(2) Cr.P.C and S.199(4) Cr.P.C thus, not available - More so, Public Prosecutor admitted that he filed the..........
Indian Penal Code, 1860, Section 499 -- Defamation - Defamatory speech made against general community of lawyers and not against an identifiable or determinate class of individuals - By merely stating that such lawyers form a collection of persons or forms a determinate group of lawyers, it cannot be said that they form a collection of persons within meaning of S.499..........
Indian Penal Code, 1860, Section 499 -- Defamation - Essence of publication in the context of S.499 IPC is communication of defamatory imputation to persons other than persons against whom imputation is made...........
Indian Penal Code, 1860, Section 499, 501 -- Defamation - Publication of news item - If content of any news item carried in a newspaper is defamatory as defined u/s 499 IPC, mere printing of such material `knowing or having good reason to believe that such matter is defamatory' itself constitutes a distinct offence u/s 501 IPC...........
Indian Penal Code, 1860, Section 499 -- Defamation - Characteristics of defamation are: (i) words must be defamatory; (ii) they must refer to affected person; (iii) they must be maliciously published...........
Indian Penal Code, 1860, Section 499 -- Defamation - Spirit of offence of defamation lies in dissemination of harmful imputation - In order to constitute an offence of defamation, it should be communicated to a third party because what is intended by imputation is to arose hostility of others...........
Indian Penal Code, 1860, Section 499, 500 -- Defamation - Order rejecting complaint - Prosecution of Presiding officer - Letter which forms basis of complaint contains substantially correct facts and presiding officer in good faith has communicated same to concerned authority, which comes within the purview of exception to S.499 IPC - Said letter cannot be termed as..........
Indian Penal Code, 1860, Section 499, 500, Criminal Procedure Code, 1973, Section 300, Constitution of India, 1950, Article 20 -- Civil suit for damages and criminal proceedings for defamation - Same parties in both the cases - However, both the cases are different in nature - Both civil suit and criminal proceedings can continue simultaneously - Accused cannot get the..........
Indian Penal Code, 1860, Section 499, 500, Criminal Procedure Code, 1973, Section 300, Constitution of India, 1950, Article 20 -- Civil suit for damages and criminal proceedings for defamation - Same parties in both the cases - In case a decree for damages is passed in civil suit then it does not stand in the way for pursing criminal proceedings for defamation...........
Indian Penal Code, 1860, Section 499, 500, Criminal Procedure Code, 1973, Section 300, Constitution of India, 1950, Article 20 -- Civil suit for damages and criminal proceedings for defamation - Same parties in both the cases - Both the cases are different in nature - Pendency of both the cases does not amount to double jeopardy...........
