charged with the liability to take up the
defence of qualified privilege in respect of the publication. The
scope of the plea of qualified privilege ... covers a wide range of cases. Five illustrative
cases of such qualified privilege which are relevant to the facts of
the present case are enumerated
action for defamation under common
law are Justification, Fair Comment, Absolute Privilege, Qualified Privilege etc.
28. Absolute Privilege is a special defence available ... member of the Bar are protected in proceedings for defamation by qualified
privilege, but not by Absolute Privilege, since that body have no power
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
proceedings are not absolutely privileged in this country,
and that a qualified privilege in this regard cannot be claimed in respect
of such statements, unless
protected. The court also explained the
defenses of truth, fair comment and privilege available in a
suit for defamation as under:
"95. Traditional defenses ... 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
first article dated 30.8.2000. The second article was published on a privileged occasion for the reason that the respondents were justifying their earlier comments made ... made by the respondents and the same can constitute qualified privilege.
29. The contents of the second article dated 30.11.200 is justified by the language
that no absolute privilege attaches to the averment in a criminal complaint made in the court and that the privileges qualified in the sense
Ap Beverages Corporation Ltd.,, ... vs Assessee on 30 May, 2012
IN THE INCOME TAX APPELLATE
principle of international law; but in India it is only a qualified
privilege because a suit can be brought with the consent of the Central
especially long enough to qualify for certain rights, privileges
etc. whereas „resident‟ is defined as living in a place for some
continuous period, having
