operative part of Section 499; and
(b) whether there exists any other exception to Section 499 of the I.P.C. which governs the facts ... which is prohibited by the operative portion of Section 499 of the Indian Penal Code;
(2) that if the accused wanted to wriggle
minutes of meeting
do not constitute defamation as contemplated under Section 499 IPC.
Therefore, continuance of criminal proceeding bearing ... CrWP522-09 corrected.odt
to fulfill the necessary ingredients of Section 499 IPC to constitute an
offence punishable under section 500 , 501 read
offence of defamation
punishable u/s.500 of the Indian Penal Code ( IPC ) and therefore he be
punished in accordance with law. After ... opinion, the question of the application of
the Exceptions to Section 499 , I.P.C does not arise
at this stage. Rejection of the complaint
case would come within the Ninth Exception of Section 499 , Indian Penal Code.
2. The Judicial Magistrate, Nasik Road found that under instructions from ... will not be protected by the Ninth Exception of Section 499 , Indian Penal Code, because the allegation was not done in good faith and that
Section 499. The burden of proof would be upon
him.
X) The defence under Exception 9 to Section 499 I.P.C. which
was raised ... complainant, has resulted in defamation as envisaged under Section 499 of
I.P.C. While reproducing the said averments, the learned Judge has
observed that
facts so justified the benefit of Exceptions to Section 499 of
Penal Code, has been extended and it is not taken to be a rigid ... grievance can fall within the dragnet of Section 499 of the Penal
Code.
41. Mr. Ponda, placed a very strong reliance on the decision
petitioner falls within the Exception 8th and 9th to S. 499 , IPC, the entire proceedings against the petitioner, arising out of complaint Case ... present Code."
7. In my view, the averments as disclosed in the complaint make out a prima facie offence under S. 499 , IPC
would be covered by the exceptions carved
out under Section 499 Indian Penal Code.
5). The facts of both the complaints are required ... prima-facie sufficient to fulfill the ingredients of
Section 499 Indian Penal Code. Therefore, the trial Court has not
committed any error while issuing process
would be covered by the exceptions carved
out under Section 499 Indian Penal Code.
5). The facts of both the complaints are required ... prima-facie sufficient to fulfill the ingredients of
Section 499 Indian Penal Code. Therefore, the trial Court has not
committed any error while issuing process
original accused Angele Pereira, (petitioner) had committed an offence under section 499 I.P.C., which is punishable under section 500 ... present Code. "
7. In my view, the averments as disclosed in the complaint make out a prima facie offence under section 499
