suit is not maintainable much less sustainable on account of absolute privilege; (ii) Assuming that defense of absolute privilege was not available, whether there ... absolute privilege as well as in qualified privilege, the defendant has to prove his plea of privilege, but with this difference that in absolute privilege
matter which is defamatory. Such excuse is termed privilege. Privilege is of two kinds : (i) absolute (ii) qualified. If the occasion is one of absolute ... rely on the privilege.
21. Qualified privilege is a conditional defense. It affords immunity to those alone who use the privileged occasion for the purpose
defamation under common
law are Justification, Fair Comment, Absolute Privilege, Qualified Privilege etc.
28. Absolute Privilege is a special defence available in an action ... such occasions. The
privilege arises on account of privilege attached to the
occasion and not to the individual....Basis of privilege is
not absence
would not be protected
by the doctrine of absolute privilege. It is submitted that inasmuch as the
Defendant volunteered to make statements, without being compelled ... Plaintiff, they were not protected
by the doctrine of absolute privilege.
10. The Court begins by referring to Section 132 of the Evidence Act which
could constitute defamation. The Bombay High Court
considered the doctrine of absolute privilege in respect of Court proceedings
and the legal position thereof. The Court ... statement was
made on an occasion of qualified privilege or absolute privilege. In cases of
absolute privilege, no case for defamation/libel/slander would
defence is of
qualified privilege. Privilege is designed to protect expression
made for the public good. Protection of qualified privilege is
lost if actual malice ... absolute privilege as well as in qualified privilege, the
defendant has to prove his plea of privilege, but with this
difference that in absolute privilege
that privilege of a lawyer is absolute and statement given by a
lawyer in Court is absolute privilege.
28. It is submitted that the order ... defence is of
qualified privilege. Privilege is designed to protect
expression made for the public good. Protection of
qualified privilege is lost if actual malice
that
statements made by lawyers during judicial proceedings are privileged
and that the privilege is absolute.4
14. Thus, in a nutshell, the contention ... privilege is also termed as
conditional privilege. It occupies the space between two extremities, i.e.,
total absence of privilege and presence of absolute privilege
quasi-judicial in nature and therefore, the statements made
therein are absolutely privileged;
Signature Not Verified Signature Not Verified
Digitally Signed Digitally Signed
By:MAANAS ... absolute privilege as well as in qualified privilege, the
defendant has to prove his plea of privilege, but with this
difference that in absolute privilege
plaint and noted supra as (i) and (ii) are
absolutely privileged and the question of malice or the said
communications being the basis ... dated 7.9.1982
and 8.9.1982 made to the police officer, are also absolutely
privileged and cannot be the subject matter of a defamatory
statement. Submission being
