between absolute and qualified privilege was brought out as under :
(i) In absolute privilege, it is the occasion which is privileged and when once ... case defense of qualified privilege vanishes and the plaintiff succeeds; and
(v) In absolute privilege as well as in qualified privilege, the defendant
essentials? and, in what respect does qualified privilege differ from an absolute privilege?
56. Privilege is qualified where the defendant is entitled to make ... distinction between absolute privilege and qualified privilege. The points of distinction between absolute privilege and qualified privilege are the following:
"(i) In absolute privilege
which is defamatory. Such excuse is termed privilege. Privilege is of two kinds : (i) absolute (ii) qualified. If the occasion is one of absolute privilege ... qualified one and is not absolute as it is in English law."
20. What is the nature of this qualified privilege ? When an occasion
fair comment on a matter of public interest; and (iii) qualified privilege. It was also contended that the damages claimed were excessive and disproportionate ... clearly denned when a privileged occasion arises. He observed:--
"...... a privileged occasion is, in reference to qualified privilege, an occasion where the person
came to the conclusion that it was a case of a qualified privilege, then an issue as to whether the statement in question was actuated ... that privilege is of two kinds (1) absolute privilege and (2) quali-fied privilege. I have already dealt with the plea of absolute privilege above
would the necessities of public policy not be satisfied by extending qualified privilege Once these questions are satisfactorily appreciated and applied to the given ... privilege, and authority is cited for the proposition, though it does not appear that the question whether the privilege should be absolute or qualified
defence is of
qualified privilege. Privilege is designed to protect expression
made for the public good. Protection of qualified privilege is
lost if actual malice ... qualified privilege, the
defendant has to prove his plea of privilege, but with this
difference that in absolute privilege the defence is absolute
and irrefutable
Patna High Court has considered the scope of privilege both absolute
privilege and qualified privilege and also considered the question of
malice and the assessment ... party, witness or
advocate. Such privilege is called 'judicial privilege' and
'professional privilege'.
Judicial privilege applies not only to all kinds
case defence of qualified privilege
vanishes and the plaintiff succeeds; and
(v) In absolute privilege as well as in qualified privilege, the
defendant ... plea of privilege, but with this
difference that in absolute privilege the defence is absolute and
irrefutable by plaintiff, whereas in qualified privilege the
defence
essentials? and, in what respect does qualified privilege
differ from an absolute privilege?
56. Privilege is qualified where the defendant is entitled to make ... distinction between absolute
privilege and qualified privilege. The points of distinction
between absolute privilege and qualified privilege are the
following:
"(i) In absolute privilege
