Presidency Magistrate on the ground that the alleged defamatory statements were absolutely privileged, as they were contained in a petition presented to this Court ... this Court upon which a charge of defamation is based are absolutely privileged, it should be considered by a Special Bench. The present Bench
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
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
leave it was claimed on his behalf that
he had an absolute privilege under Art. 194 of the
Constitution to publish the disallowed questions ... Bench, 1813-1817, 273, referred to.
487
There is no absolute privilege attaching to the publication
of extracts from the proceedings in the House
respect of any proceedings before it.
The Advocate enjoys an absolute privilege of speech because it is in the public interest as well ... with the subject. At page 382 of the book dealing with absolute privilege, the learned authors note that there are certain occasions on which public
privilege. This second plea is worded thus:
They claim absolute immunity or absolute privilege and if not in any event, on account of a defeasible ... conferring immunity from liability to an action either absolutely or conditionally, and commonly known as absolute privilege and qualified privilege. Where the plea is sought
Contents of a pleading in a judicial proceeding
are protected by absolute privilege. A civil action for defamation does not
lie in respect ... publication of such statement. Such statement does not enjoy absolute
privilege. If the statement is defamatory in nature then, a civil proceeding
for damages
greater extent than would be the case in
England, if no absolute privilege existed there,
since the risk of vexatious and often ruinous
litigation ... country as in England the
necessity for the maintenance of the absolute
privilege of the Bar should be less. Indeed, there
is the greater need
allegations were made in relation to judicial
proceedings, there is an Absolute Privilege available to defendants. In
support of her plea she has relied ... Magistrate, might not be absolutely privileged for a criminal court,
but the privilege was absolute in a Court of civil jurisdiction."
36. Defendant further
absolute privilege the word "privilege" as defined in
Ratan Lal and Dheeraj Lal , The Law of Torts, reads " privilege
means that ... Magistrate, might not be absolutely
privileged for a criminal court, but the privilege
was absolute in a Court of civil jurisdiction."
15.Another judgment
