public good is a question of fact. Second Exception.— Public conduct of public servants.— It is not defamation to express in a good faith ... Justice, is a Court within the meaning of the above section. Fifth Exception.— Merits of case decided in Court or conduct of witnesses and others
petitioners are defamatory in nature, they would be covered by the fifth
exception to Section 499 IPC.
7. It was lastly contended by the learned ... statements, amounts to publication as the judicial records are public
documents. Fifth exception to Section 499 IPC is not applicable to the
present proceedings
statements and
conduct of witnesses in proceedings would be protected by Fifth
Exception to Section 499 of IPC which reads ... Fifth Exception.-- Merits of case decided in Court or conduct of
witnesses and others concerned.-- It is not defamation to
express in good faith
Here, it is profitable to
13
MCrC No.12558/2024
see Fifth Exception to Section 499 of IPC, which bespeaks that offence
of Section ... tested by the court. For ready reference, Fifth
Exception is quoted below:-
Fifth Exception--Merits of case decided in Court or
conduct of witnesses
facts.
40. At this juncture it is also pertinent to mention Fifth
Exception to Section 499 of IPC which reads thus:
Fifth Exception - Merits ... accused can certainly not seek shelter under the Fifth
Exception to Section 499 of IPC, as his defence of good faith
remains unproved
loathsome state, or in a state
generally considered as disgraceful.
7
First Exception.—Imputation of truth which public good
requires to be made or published ... Justice, is a Court within the meaning of the above section.
Fifth Exception.—Merits of case decided in Court or
conduct of witnesses and others
that they were entitled to the
protection of Fourth and Fifth Exceptions to Section 499 IPC, they
cannot now be permitted to rely upon Explanation
subject, the judgment sums up the well recognised exceptions to the applicability of the doctrine. They are:-
(1) that there can be no promissory estoppel ... promiseand enforce the promise against the Government."
16. The fifth exception will. include change in policy in public interest as recognised
K.V. Ramaniah vs Special Public Prosecutor on 18 April, 1960
Equivalent citations: AIR1961AP190, 1961CRILJ601
which requires the concurrence of a greater majority.
5. There is an exception to this rule where what has been done amounts to fraud ... rule in Foss v. Harbottle [1843] 2 Hare 461. The fifth exception to the rule in Foss v. Harbottle will be relatable to an action
