were
levelled against the Petitioner in that judgment. Therefore, no actionable
case of defamation is made out, especially since the Petitioner's statements
were ... allegations made in the complaint, we are satisfied that no
case for defamation has been made out."
39. In view of the same
contours of Defamation. Section 499 of the IPC defines the
offence of defamation. It is extracted as under:
"499. Defamation -
Whoever, by words either ... given case.
51. It is in this background that the facts of the case may be considered to
ascertain whether the offence of defamation
Court cautioned regarding mechanical
issuance of process by the Magistrate in cases of defamation.
40. There is no prima facie case made out against ... moot question which poses itself before this Court is whether
case of defamation of the Respondent No.2 by the Petitioners, is prima
facie made
summoned him vide Order
dated 04.10.2018, even though no case for defamation was made out nor
was there any material against him. Thus, the Petitioner ... Contours of Defamation, as defined in Section 499 IPC.
37. Section 499 defines "Defamation" which reads as under:-
"499. Defamation.--
Whoever
claimed that various judgments have held that in the case of
defamation, before issuing the process to a party, other than the printer,
publisher ... objectionable
and illegal and unbecoming of an Army officer. Therefore, no case of
defamation is made out.
67. Additional submissions have been made that
claimed that various judgments have held that in the case of
defamation, before issuing the process to a party, other than the printer,
publisher ... objectionable
and illegal and unbecoming of an Army officer. Therefore, no case of
defamation is made out.
67. Additional submissions have been made that
Order also got dismissed.
18. It is submitted that the second Complaint Case No.1925/2017 on the
same facts on which earlier Complaint ... they reserve their right to file Civil
Defamation case against the Petitioner.
20. In the Status Report dated 13.07.2021 filed by the State
July, 2016
attack.
13. It is further asserted that no case of defamation and/ or breach of
Right to Privacy has been made ... communication which is itself privileged under the defamation laws, can be
permitted." Similarly, in the case at bench, to allow an independent cause
criminal defamation must first be established under Section 499
IPC. The Criminal Complaint does not disclose the necessary ingredients of
defamation under Section ... considered to ascertain whether it discloses a prima facie
case of defamation. The allegation essentially made by the Complainant
Company is that it was defamed
Kerala 456.
Defences of Defamation were succinctly explained by the Apex Court in
the case of Ram Jethmalani vs. Subramaniam Swamy ... light of discussion of contours of defamation and the available
defences, the facts of this case may now be examined.
Analysis & Findings
