favour of the plaintiff, is the defence of absolute or
qualified privilege available to the defendant?
(27) Section 3 of the Limitation Act, 1963 provides ... duty,
the same would be privileged. His Lordship was of the view that this
privilege is qualified and may be rebutted by proof of express
Judge,
jurymen, party, witness or advocate. Such
privilege is called 'judicial privilege' and
"professional privilege."
57. ..... " The statement is protected ... matters
where his interest is concerned.......
Amongst the chief instances of qualified privilege,
which are relevant for our purpose, are also the
following:-
1).Statements
that the defendant as a Member of Parliament enjoys a qualified
privilege; (iv) that Rule 4 (1) and (2) of the Government of India (Allocation ... containing allegations against third parties and that qua such letters only
qualified privilege under the ordinary law may be available and that
plaintiff, the defendant at the most can claim qualified privilege
which needs trial. It was also pleaded that the Arbitrator in the case titled ... only controversy between the parties is whether the statements are
qualified privilege or absolute privilege. As per the plaintiff, the allegations
in the pleadings cannot
Dr. Shashi Tharoor vs Arnab Goswami And Anr on 1 December, 2017
Equivalent citations: AIR
right to be
exempted from the suit under the defence of qualified privilege available
in cases of tort involving defamation and it was further stated ... decided after examining the evidence and whether the
defence of qualified privilege is available are matter of facts and not a
question of law. Hence
addressed to a Magistrate, might not be absolutely
privileged for a criminal Court but the privilege was
absolute in a Court of civil jurisdiction ... settled and
indisputable. A party to a judicial proceeding enjoys only
qualified privilege because that is what is statutorily
enumerated in the nine exceptions
page 384 is quoted below:-
"The Common law confers qualified privilege upon statements made by D
to X about C:(1) which
petitioner submits that this case falls within the ambit of 'absolute
privilege'. In support of his argument, he has relied on the decision ... page 384 which
states as follows:
The Common law confers qualified privilege upon statements
made by D to X about C : (1) which
Jethmalani
(supra) are more on the issue of absolute and qualified privilege
available to a person who makes an assertion of facts which ... present case do not offer any privilege
what to say of absolute or qualified, to the defendant/appellant herein
to file baseless complaints against
