Whether statements of fact as to what transpired at hearing recorded in judgment of court are conclusive ?

The said
order is not challenged by the accused and, therefore, the contentions
raised by the accused that they were not heard and that the
impugned order was passed mechanically, must be rejected.
In
support of his submissions, counsel relied on the judgment of this
Court in State of Maharashtra v. Ramdas Shrinivas Nayak &
Anr.1, wherein this Court has held that “the principle is well settled
that statements of fact as to what transpired at the hearing recorded
in the judgment of the court are conclusive of the facts so stated and
no one can contradict such statements by affidavit or other evidence”.

IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (CRL.) NO.5844 OF 2014
Siva Vallabhaneni

Vs.
State of Karnataka & Anr.
Dated;SEPTEMBER 03, 2014.

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What are defences in suit for damages for defamation?

A strong system of legal defences which can be used against a defamation claim is essential if defamation laws are not to unreasonably restrict the free flow of information and ideas. There are five particularly important defences against claims of defamation which are drawn from international and comparative law.

DEFENCE OF THE TRUTH - BURDEN OF PROOF

Proof of truth should be a complete defence to an allegation of defamation. The law of defamation should serve to protect individuals against unwarranted attacks on their reputation, rather than to protect their honour regardless of whether their good reputation is deserved. At the same time, an individual confronted with truthful revelations about his or her private life may have a separate claim for invasion of privacy.

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