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Showing posts with label defamation. Show all posts
Showing posts with label defamation. Show all posts
Saturday, 26 July 2025

Calcutta HC: Whether plaintiff must issue legal notice before filing civil suit for recovering damages for defamation?

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10. In that view of the matter Mr. Dutt's submission that a letter of demand by the Solicitor was not condition precedent before filing ...
Friday, 4 July 2025

Defamation under Indian law

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  Defamation under Indian law is comprehensively defined and regulated through both civil and criminal provisions, protecting individuals...
Monday, 2 June 2025

Cognizance by Sessions Courts: Navigating the Legal Framework Under CrPC and Special Acts

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  Understanding the jurisdictional boundaries and exceptions in criminal proceedings Introduction The power of Sessions Courts to take cog...
Sunday, 5 January 2025

Bombay HC: Advocate Casting Aspersions On Woman's Character Upon Instructions From Client Is Discharging His Duty, Not Insulting Her Modesty

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 Reliance is placed upon the decision in the case of Navin Parekh vs. Madhubala Shridhar Sharma & Ors. MANU/MH/0883/1992 : 1992 Mh.L.J. ...
Sunday, 24 November 2024

Understanding Defamation Law and Electronic Media in India

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Defamation law in India addresses the protection of an individual's reputation against false statements that could harm their dignity an...
Saturday, 9 November 2024

Bombay HC: Facebook Screenshots Printouts of defamatory posts not sufficient to prove that it is made from a fake account

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Learned Advocate appearing for applicant vehemently submits that First Information Report has been filed by respondent No.2, who is the brot...
Saturday, 2 November 2024

Defamation and Freedom of Speech: Navigating Indian Law

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 To understand the relationship between defamation and freedom of speech in the Indian legal context, particularly under Section 499 of the ...

Whether accused can be held guilty for an offence of defamation under S 499 of IPC if he had no intention to cause damage or defame?

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 Under Section 499 of the Indian Penal Code (IPC), an individual can only be held guilty of defamation if they had the intention to cause da...
Sunday, 22 September 2024

Bombay HC: Accused intimidating public servant by threatening to defame him on social media site as well as engineering artificial protest falls with scope of criminal force as used in S 353 of IPC.

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Mr. Thobde contends that, the allegations in the F.I.R. do not make out any case for trial and that they are inherently improbable. He submi...
Monday, 22 April 2024

Under which circumstances the court must give interim injunction against defamation publication?

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 Under the Law of Defamation, the test of defamatory nature of a statement is its tendency to insight an adverse opinion on feeling of other...
Tuesday, 22 August 2023

Whether Allegations In Complaint Made In Good Faith To Lawful Authority Attract Offence Of Defamation?

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ANALYSIS: Having heard the learned counsel appearing for the parties and having gone through the materials on record, the only question that...
Sunday, 6 August 2023

Supreme Court: Under which circumstances the court must stay conviction in defamation case?

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 Insofar as grant of stay of conviction is concerned, we have considered certain factors.  The sentence for an offence punishable under Sect...
Wednesday, 26 October 2022

Supreme Court: Minister/Public Servant Can File Private Complaint Alleging Defamation; Need Not Follow Special Procedure U/Sec 199 (2) & (4) CrPC

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   In Subramanian Swamy (supra), this Court was dealing with a batch of writ petitions Under Article 32 of the Constitution challenging the ...

Whether Statements Like 'I Will Expose Your Scam' Against A Minister is Defamatory?

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 We do not know how a statement in a tweet that the answers of Respondent No. 1 to the questions posed by the Appellant will disclose his sc...
Friday, 30 July 2021

Whether the accused can seek quashing of prosecution on the ground that he made imputation for the public good?

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The only contention which is sought to be canvassed to challenge the proceedings is that the offence under Section 499 I.P.C. is not made ou...
Thursday, 28 January 2021

Whether filing of civil suit for defamation amounts to violation of freedom of speech and expression?

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In my view there is merit in the plea of the plaintiff's counsel.   Article 19(2)   is a negative covenant i.e., a bar on the restrictio...
Saturday, 12 December 2020

Whether the employer will be liable for defamation of employee if he conducts departmental enquiry against him?

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 In the present case, the defendant has taken the defence of privilege. The question is whether the charge-sheet issued against the plaintif...
Monday, 12 October 2020

Whether the court can convict wife for defamatory pleadings made by her against the husband in matrimonial proceeding?

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Learned Amicus Curiae for the respondent/complainant in Criminal Revision Petition No. 152/2014, in her argument stating that the pleadings ...
Saturday, 10 October 2020

Whether any party can prosecute Advocate for defamation if he pleads on behalf of a client?

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  In regard to the decision of Meredith J. in AIR 1948 Pat 56 (Z33) It would be wholly improper for me to canvass the correctness of this si...
Saturday, 4 July 2020

What is single publication rule for filing suit against defamatory material on the internet/facebook page?

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In Khawar Butt (supra) this Court dealing with the period of limitation for filing a suit against defamatory material on the internet/fa...