letters
dated 08.06.2013 and 12.07.2013 are covered under the
defence of qualified privilege; and
(iii) The suit is barred by limitation.
4. In reply ... which is defamatory. Such excuse
is termed privilege. Privilege is of two kinds: (i) absolute and
(ii) qualified. If the occasion is one of absolute
letters
dated 08.06.2013 and 12.07.2013 are covered under the
defence of qualified privilege; and
(iii) The suit is barred by limitation.
4. In reply ... which is defamatory. Such excuse
is termed privilege. Privilege is of two kinds: (i) absolute and
(ii) qualified. If the occasion is one of absolute
answer was
likely to incriminate him except to the extent the qualified
privilege is extended to him under the proviso to section
132 of Evidence ... quoted with
approval.
(8) Section 94 of the Act enacts a qualified privilege
in favour of the voter in that no one can compel
reversed the decision finding that the defendant was entitled only to qualified privilege, and the privilege was defeated by malice and awarded ... defendant escaped liability on the basis of a qualified privilege and no evidence of malice. This case would show that the court restricted the decision
matter of negative inference. Mr. Rosario argued that only a qualified privilege existed in connection with the occasion of judicial proceedings and that the plea ... illustrations in Section. 499 some reference to a case of qualified privilege in connection with a statement made in the course of judicial proceedings
indirect or improper motive. These occasions are called occasions of qualified privilege, for the protection which the law, on grounds of public policy, affords ... submission of the parties, the statements did not qualify for either absolute or qualified privilege.
7. The liability of lawyers for defamation has been considered
Judge,
jurymen, party, witness or advocate. Such
privilege is called 'judicial privilege' and
"professional privilege."
57. ..... " The statement is protected ... matters
where his interest is concerned.......
Amongst the chief instances of qualified privilege,
which are relevant for our purpose, are also the
following:-
1).Statements
gathered from D.W. 1, the defendant was protected under a qualified privilege and the defendant had no malice against the plaintiff and consequently dismissed ... arguments the case was developed by taking up the defence of qualified privilege which, in fact, was not supported by any plea and that
Krishnaraj M.D. Thackersey and Ors. dealing with qualified privilege, malice, burden of proof, the Division Bench of the Bombay High Court observed:
Mr. Mistry ... trade "Reynolds privilege" but the use of the term privilege, although historically accurate, may be misleading. A defence of privilege in the usual
Qualified privilege ring-fences a defendant from a
defamation action only when the privilege is properly exercised in
performing legal or moral duties. Qualified privilege ... privilege. It occupies the space between two extremities, i.e.,
total absence of privilege and presence of absolute privilege.6
19.2 Conversely, absolute privilege immunizes
