Narayanan Poti, is whether or not the defendants are protected by qualified privilege.
4. The learned Judge held that the defendants did not specifically plead ... distinction between privileged occasion and privileged communication and emphasizing the need for reciprocity of duty or interest to make the occasion privileged. Lord, Atkinson observes
authorities about the corruption at various hospital offices and he claimed qualified privilege for his statements. The defendants 2 to 4 also filed written statement ... qualified privilege.
9. There is no claim for absolute privilege by the defendants. Their claim is only of qualified privilege. In Surendra Nath v. Rageshwari
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
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
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
Torts. Privilege is of two kinds -
absolute and qualified. In cases of qualified privilege it is the
occasion which protects the man who speaks ... cannot enjoy the
status of absolute privilege.
9. In cases of qualified privilege, it is not enough if the
plaintiff shows that the offending statement
action for defamation would lie, because the Government has absolute or qualified privilege. I am not in this case concerned with the question whether ... strange that if a plea of official privilege either absolute or qualified were available in the case, why it was not set up by Counsel
privilege to be malicious, but that so far as it is a privilege of an individual and a right of the public, the privilege ... rule of absolute privilege is different from the rule of qualified privilege as obtaining in Indian Criminal Law. To qualify the rule of absolute privilege
England or based on grounds of
public policy".
13. The privilege defined by the exceptions to Section 499
of the Indian Penal Code must ... such a position is entitled only
to the benefit of the qualified privilege (See Satis Chandra
Ckakrabarti v Ram Dayal
counter affidavit filed before this Court in the
writ petition enjoys absolute privilege and it excludes criminal
liability. 20. After a survey of the decisions ... judicial proceedings. The privileges
recognised under Section 499 of the Indian Penal Code are
qualified. However, in a civil action for defamation, plea of
absolute
