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
indirect or improper motive. These occasions are called occasions of qualified privilege, for the protection which the law, on grounds of public policy, affords ... submission of the parties, the statements did not qualify for either absolute or qualified privilege.
7. The liability of lawyers for defamation has been considered
clearly libellous. The defence is privilege. But it cannot be a case of absolute privilege it may be a qualified privilege. The contention ... even the qualified privilege ha? not been claimed on behalf of the company. Before proving the claim for any privilege, a privilege cannot be claimed
criminal cases the Court is bound to apply the rule of qualified privilege enunciated in Section 499. Beachcroft, J., was, however, inclined to the opinion ... defamation, the Court is bound to apply the rule of qualified privilege enunciated in exceptions 7 and 9 to Section 499 , Indian Penal Code. Woolfun
proceedings are not absolutely privileged in this country, and that a qualified privilege on the ground that the defendant had an interest in the subject ... such a position is entitled Only to the benefit of the qualified privilege mentioned in Section 499 , Indian Penal Code.
(2) If a party
libel she will at once be met by the defence of qualified privilege and unless she proves malice (which will be difficult if not impossible
support the theory of a qualified privilege. To put the matter briefly, the divergence of judicial opinion between the representatives of the two different schools ... unnecessary to consider cases in which merely the question of qualified privilege, by reasons of the person, who made the defamatory statement, having some interest
been raised at the trial. Had it been a question of qualified privilege, raising a mixed question of law and fact, it might be necessary ... absolutely privileged as in English law but enjoy only a qualified privilege. This view which has been justly characterized as the minority view by Satis
confer on advocates, parties & witnesses, not merely a qualified privilege as at present, but an absolute privilege as in the case of Judges
respect of certain torts and may negative a defence of qualified privilege in respect of defamation, but this is not peculiar to public authorities. There
