circulating said legal
notice dated 24.08.2012. The allegations in said complaint case alleging
defamation were all false and the case should be quashed.
Mr. Shiladitya ... petitioners by their
lawyer cannot be a ground for filing a case of defamation. He further
submits that on the basis of said legal notice
instant case.
Similarly, the findings in the case of Jeffrey (supra), do not
appear to have been fully applicable in this case.
In the decision ... This decision fits to a T here in this case.
Defamation is a species of which mens rea is the genesis.
The complaint
instant case.
Similarly, the findings in the case of Jeffrey (supra), do not
appear to have been fully applicable in this case.
It was contended ... between 'defamation per se' and 'implied
defamation', which is prima facie not actionable. The former
manifests only defamation while the latter
complainant was one of the accused persons of
the criminal case being G.R.Case No.396 of 1994 initiated by the petitioner. After ... action arises in a
defamation of case. In the present case, it was alleged in the complaint of
defamation that in the First Information Report
would be expedient in the interest of justice to
transfer the Sessions Case in which the accused petitioners have been
placed to face their trial ... Francis v. Banke Behari Singh
(supra), the background fact was a defamation case against some
Christians brought by a non-Christian. In the said case
accused.‖
28. In the present case also no witnesses in support of the
complainant's case have been examined.
29. Section ... said, except in the case hereinafter excepted, to defame
that person.
Explanation 1.-- It may amount to defamation to
impute anything to a deceased person
against Ms. Jayalathitha. In response, the Tamil Nadu State
Government filed defamation cases against Dr. Swamy. Thereafter, Dr.
Swamy and other prominent politicians challenged ... Justices Dipak Misra and P. C. Pant decided the case.
18. Section 499 defines defamation and Section 500 prescribes the
punishment. Defamation is defined
allegations made in
the complaint, we are satisfied that no case for defamation has been made
out."
20. Moreover it is settled law that ... Court while dealt with the issue of cause of action for
defamation case held as follows:-
42. While deciding the case, this Court
against Ms. Jayalathitha. In response, the Tamil
Nadu State Government filed defamation cases against Dr.
Swamy. Thereafter, Dr. Swamy and other prominent politicians
14
challenged ... Justices Dipak
Misra and P. C. Pant decided the case.
26. Section 499 defines defamation and Section 500 prescribes the
punishment. Defamation is defined
against Ms. Jayalathitha. In response, the Tamil Nadu State
Government filed defamation cases against Dr. Swamy. Thereafter, Dr.
Swamy and other prominent politicians challenged ... Justices Dipak Misra and P. C. Pant
decided the case.
27. Section 499 defines defamation and Section 500 prescribes the
punishment. Defamation is defined
