held that : "A party to a judicial proceeding enjoys only qualified privilege because that is what is statutorily enumerated in the nine exceptions ... Lordship further observed that : "WHEN an occasion of qualified privilege exists a person (provided he is not actuated by malice) is entitled to make
maliciously.
4. The Court below treated the case as one of qualified privilege. If the case was one of qualified privilege, we are of opinion ... quite justified.
7. If therefore the case was one of merely qualified privilege we consider that the defence have clearly shown that there was ample
matter of negative inference, Mr. Rozario 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
raised by the defendant are those of truth, fair comment,
and qualified privilege.
18.7. However, it is considered necessary to note that the
entirety ... defense is of qualified privilege.
Privilege is designed to protect expression made for the public
good. Protection of qualified privilege is lost if actual malice
alleged defamatory letters would
come under the common law defence of qualified privilege, i.e.
the statements in question have been made in protection ... affairs, in matters where
his interest is concerned, enjoys a qualified privilege and is a
defence to the tort of defamation. As far back
criminal cases the Court is bound to apply the rule of qualified privilege enunciated in Section 499. Beachcroft, J., was, however, inclined to the opinion ... defamation, the Court is bound to apply the rule of qualified privilege enunciated in exceptions 7 and 9 to Section 499 , Indian Penal Code. Woolfun
society. It is difficult to understand the words, 'rights or privileges', qualifying the word 'emoluments', if all that had been intended ... self-help, self-defence, thej defences of fair comment and qualified privilege. Lastly, liberty may be created by the parties themselves, e.g. consent
statements as absolutely privileged and that the Calcutta and Allahabad Courts have taken the opposite view that the privilege is qualified only and should ... suggestion is that the statute only concerned itself with cases of qualified privilege and legislated for them, leaving intact the absolute privilege conferred
even if it is covered by the principle of qualified privilege no decree for damages could be passed, he ultimately did not pursue this matter ... given it may be doubted whether there is more than a qualified privilege which may be defeated by proof of malice."
I would presently
covered by absolute privilege and that the defendant could claim only qualified privilege for the same. It is therefore urged by him that the defendant ... absolute privilege for the statements made in the complaint or only qualified privilege for the same.
4. In Watson v. McEwan
