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1 - 10 of 11 (3.02 seconds)The Protection of Women from Domestic Violence Act, 2005
The Delhi Commission for Women Act, 1994
Section 34 in The Indian Penal Code, 1860 [Entire Act]
Prof. Imtiaz Ahmad vs Durdana Zamir on 2 March, 2009
15. In this regard, I find force in the argument of learned counsel
for defendant that unless the complaint or the allegations contained therein
are held to be false and frivolous by any competent court and unless it is
adjudicated and concluded by such court that complaint was actuated with
malice, such complaint can not be made basis of a suit for seeking damages
on account of defamation. Reliance is placed on Prof. Imtiaz Ahmad
(supra) where the defendants therein had filed a complaint against the
plaintiff therein before CAW Cell which later on culminated into an FIR
under Section 406/498A/34 IPC, a suit was filed by the plaintiff against the
defendant for permanent injunction and damages on account of defamation
before the Hon'ble High Court of Delhi. While dismissing the said suit, under
Order 7 Rule 11 CPC, the Hon'ble High Court made following observations:
"11. Moreover, the defendant had a right to make complaints of her
grievances to the authorities. Whenever a person makes a complaint against
someone to the lawful authorities and in that complaint he makes
imputations against the person complained of, it cannot be considered that
the person has publicized or publicly made defamatory averments against a
person. If a prosecution is initiated against the person on the basis of
such averments and the person is acquitted holding that the complaint
was false, then only a cause of action arises against the complainant
for launching a case for false prosecution or for damages on other
grounds. Until and unless a competent court holds that complaint was false,
no cause of action arises. Approaching a competent authority and praying
that the authority should come to the rescue of the complainant and prevent
inference of the plaintiff in the family affairs of the defendant cannot amount
to a defamatory imputation per se and even if it is published, it does not tend
to show that the defendant had intended to lower the reputation of the
plaintiff."