Indian Penal Code, 1860, Section 500, 34 -- Defamation - Publication of defamatory news item - Quantum of sentence - Respondent No.2 was Editor of newspaper in question which has since closed down its business - He is stated to be over seventy years of age - It is pleaded that he is not himself the author of news article and therefore his liability is not in the same..........
Indian Penal Code, 1860, Section 124A, 153(A), 153(B), 181, 500, 504, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Newspaper reports showed that petitioner/Chief Minister of M.P. had made public speech that he would not allow any Bihari to be employed in factory going to be established at Satna - Forming any kind of opinion adverse to interest of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 500, 34 -- Defamation - Publication of defamatory article in newspaper - No positive averments in complaint about petitioners having prior knowledge of publication or petitioners being directly responsible for publication of said imputation - No presumption u/s 7 of Press and Registration of Books..........
Indian Penal Code, 1860, Section 499, 500, Criminal Procedure Code, 1973, Section 482 -- Defamation against company - No such offence will lie against company as company is only a juristic person and it cannot be attributed with mens rea, which is an essential ingredient for constituting the offence of defamation...........
Criminal Procedure Code, 1973, Section 53, 54, 107, 197, Indian Penal Code, 1860, Section 500, 354, 498 -- Adultery - Bald allegation that appellant is living in illicit relationship - Held, in such situation, there is no scope for the respondent to invoke S.107 CrPC and contend that he acted by virtue of authority vested in him...........
Indian Penal Code, 1860, Section 500, Criminal Procedure Code, 1973, Section 199(1) -- Offence u/s 500 IPC - Complaint can be filed only by aggrieved person - Charge sheet filed by police cannot be called a `complaint' filed u/s 200 of the Code...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 499, 500, Press and Registration of Books Act, 1867, Section 7 -- Defamation - Private complaint - Quashing of proceedings - Perusal of complaint reveals that petitioner No.1 is Editor whereas petitioner No.2 is Managing Editor - In complaint, respondent except stating that petitioner No.2 is..........
Criminal Procedure Code, 1973, Section 200, Indian Penal Code, 1860, Section 500 - - Defamation - Complaint - Locus standi - Involvement of CM in a case of disproportionate assets and certain mis-doings of Government are essential highlights of write-up - Person most affected by such utterances in writing could be CM himself or his immediate family members but not a person..........
Indian Penal Code, 1860, Section 499, 500, Constitution of India, 1950, Article 19(1)(a) -- Defamation - Expression of opinion - Free speech which intelligibly questions a performance of Government and persons running it - Held, it cannot be termed to be defamatory - It would certainly be protected by Art.19(1)(a) of Constitution of India - Hence such an opinion can at..........
Criminal Procedure Code, 1973, Section 482, 155(4), 196(1A), Indian Penal Code, 1860, Section 500, 505(2) -- Quashing of proceedings - Joint trial of no, cognizable offence and cognizable offence - Quashing of proceedings initiated on cognizable offence - Effect - Held, no, cognizable case should be treated as a cognizable offence till the end of trial provided that there..........
