event, on account of a defeasible immunity or qualified privilege attaching to the alleged defamation by reason of the occasion of the publication by first ... occasions as privileged conferring immunity from liability to an action either absolutely or conditionally, and commonly known as absolute privilege and qualified privilege. Where
publication, he held that the defendants were only entitled to a qualified privilege and further held that such qualified privilege cannot also be claimed ... privilege. Although the occasion remains a privileged occasion, the privilege afforded by the occasion ceases to be an effective weapon of defence. Qualified privilege
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
written statement filed by the defendant he justified his action, pleaded qualified privilege and also alleged that he having tendered an apology in the Criminal ... elaborately into all the questions and found against the plea of qualified privilege and that the apology was no defence to a civil action
grievance, such communication is
protected under the doctrine of qualified privilege. Therefore, a litigant who
approaches a judicial or quasi-judicial authority with a complaint ... malice, which is an essential
requirement for denying the protection of qualified privilege.
29.On behalf of the plaintiff/respondent, reliance was placed
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
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
round to the view that the question is only one of qualified privilege as enunciated in Sections 499 and 500 of the Code. In England ... crime. Therefore the contention is raised that there is only a qualified privilege so far as
witnesses are concerned. The decisions which lay down that
regards the statements made by him but has only a qualified privilege under the ninth exception or first exception to Section 499 of the Indian ... absolute privilege claimed by him but has only a qualified privilege given by the exceptions to Section 499 of the Penal Code.
18. The petition
issued and that if the plea relied on is one of qualified privilege, the immunity conferred by the law is destroyed by proof of malice ... corresponding duty or interest to receive it, are protected by qualified privilege, applicable in this case to the reply notice which never stemmed
