safachat."
3. As per the plaintiff‟ the lyrics used in the said song
are per se defamatory and the transmission of the same
either ... plaintiff
submitted that the particular lines in the offending
song are per se defamatory in nature, disparaging the
long established reputation of the plaintiff, which
defendants in their news programme between 1.3.2014 to 24.3.2014
were per se defamatory and were repeated 131 times against the plaintiffs
which not only affected ... which, in the view of
plaintiff No.1, are per se defamatory. It is these allegations or comments
which are telecasted by the defendants
argued before me:--
1. That the resolutions in question are not defamatory per se and no innuendo having been alleged, the case of the plaintiff ... being defamatory and the other being innocent, then the resolutions should not be held to be defamatory per se. Looking at the resolutions
Bhargava, petitioner No. 1 vide para 16 of the plaint, used per se defamatory imputation i.e.'.....wrongfully converted...misappropriated of some quantity ... multifold submissions one after another as under:
(a) That, so called per se defamatory words used in para 16 of the plaint have been used
respondent No.2, the said Special Notice containing the
allegations is per se defamatory and no due diligence was
shown by the petitioner by ascertaining ... this Special Notice contained the defamatory statement and
the statement being per se defamatory, the respondent No.2
followed up with the petitioners by asking
against the character and conduct of the plaintiff are per se
defamatory (having one plain ambiguous meaning) for which no
Page 7 of 48 Sanjay ... Cooperatives, Ex.CW1/15 and Ex.CW1/16, containing per se
defamatory words, allegations and imputations against the
conduct and character
taken as published and if such a statement amounts to per
se defamatory, it is the duty of the accused to establish that
they ... imputation is held to be defamatory per se.
II.3 Parameters of a per se defamatory statement
32. The definition of the phrase "defamatory
above, not only is the
defamatory article untrue but it is per-se defamatory on
a bare perusal of the defamatory article itself. That
however ... defamatory article. The defamatory
article is also intended to create cheap publicity which is
consequential to the defamatory statements contained in
the defamatory article suggesting
above, not only is the
defamatory article untrue but it is per-se defamatory on
a bare perusal of the defamatory article itself. That
however ... defamatory article. The defamatory
article is also intended to create cheap publicity which is
consequential to the defamatory statements contained in
the defamatory article suggesting
made against him in the impugned
articles were false, malicious and per-se defamatory and that the
accused made false declaration before the District Magistrate ... vehemently contend
that, in a case of imputation i.e., defamatory per-se, the burden
shifts upon the accused to prove that imputation false within
