cases were filed by the
respondent and her family. The description of nine cases are as under:
"I. Maintenance 69/05- Maintenance Case filed ... divorce
case, all other cases instituted between the parties including the dowry
harassment case filed by the appellant in 2005 and 2008, defamation
case filed
civil case is pending between the complainant and the
accused pertaining to some passage; he came to know this case is a
defamation case alleging ... being the old case
now and after seeing the copies of the case he recollected that the said
case has been filed; Mange Ram putting
defamatory of a Society/Company, would not be
actionable, in a defamation case. If imputation is found direct, the
procedure followed is that, the Board ... Managing Director of
a Co-operative Society. The society lodged a defamation case against the
Editor and partners of the weekly. Since the complaint
aggrieved, and in other classes of cases, that is to say, in cases of high
dignitaries where the defamation is in respect of conduct ... able to satisfy the expression ?person
aggrieved?.
13.In this case, the defamation in question does not pertain to a
private or personal character
defamation and sets out exceptions to
which it is subject. Whereas Section 500 provides penalty for defamation. The
ingredients of the offence of defamation ... mentioned supra held as follows:
Therefore, in a defamation case, the venue of trial could be at the
place where the letter was written
occasion of qualified privilege or absolute privilege. In cases of
absolute privilege, no case for defamation/libel/slander would lie. The Court
thereafter held ... statements. Mr.
Oike in fact having also retracted the same, no case of defamation is made
out. As per the settled law, statements made
having met the defendants. Plaintiff contends there
is a prima facie case for defamation under Section ... Delhi) 28 dealing
with cause of action in a case of defamation held:
"7. The above Section makes it abundantly clear that any suit
deals with defamation. Section 500
prescribes punishment for defamation. There are nine
exceptions to section 499. These nine exceptions are
the cases in which there ... criminal defamation which is concerned with the
protection of the society unlike a private suit for
damages for defamation. Again, in a criminal
defamation public
Constitution and therefore, such right cannot be impeached for filing defamation cases and by stifling the free and frank expression to be expressed ... cannot be construed to be a Public defamation.
5. Section 499 IPC reads as follows:
"Defamation- Whoever, by words either spoken or intended
whether the allegations in the
impugned complaints support a
prima facie case of defamation in
the first place.
Paras 43 to 44- Criminal law
machinery ... sufficient defence for a charge of defamation
and that even in such cases the first exception contained
in Section 499 of the Indian Penal Code
