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
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
paras6(a) to 6(p). He claimed protection of the qualified privilege and fair comments. He submitted that publications were not against the plaintiff personally ... claim damages. He contended that the defendant 1 is protected claiming qualified privilege as the defendant 1 as an Editor owes a duty to public
upon in the Plaint are protected by either
absolute privilege or qualified privilege ?
1/4
::: Uploaded on - 12/04/2023 ::: Downloaded on - 12/04/2023 ... communication and statement being protected
by either absolute privilege or qualified privilege. He has submitted
that it is not necessary for the Defendants to include
plaint,
the articles cannot be fair comment and no qualified privilege
attaches to them. Any such privilege, Dr. Tulzapurkar submits,
must be "relevant ... cannot be fair comment. The Defendants must show, to claim a
qualified privilege, that they had some duty public or private, legal,
moral or social
only for the purpose of rebutting the defence of qualified privilege that it becomes necessary to prove express malice in the sense of improper motive ... action lies for a communication made upon an occasion of qualified privilege and fairly warranted by it, unless it is proved by the plaintiff
entitled to an absolute privilege or to a qualified privilege which is liable to be destroyed by proof of malice, I must ... question arises; where the statements absolutely privileged or was only a qualified privilege attached to these statements? In support of his contention, reliance is mainly
basis that we have to consider whether they were privileged. No qualified privilege will help the defendants in view of the finding as to malice ... question that such a report would be entitled to qualified privilege. The maker of the report would be safe so long as he acted bona
Government is still Government even when it is dispensing bounties, gratuities or privileges, and therefore, one who lacks a "right" to a Government ... asset and that the plea of an absolute or qualified privilege by Government in respect of a communication by, it to one of its subordinates
other States. The distance from the coast line to which this qualified privilege extends has been variously measured--the most prevalent distance being that
