privilege to statements made in the Courts of a judicial
proceeding. The privilege recognised under Section 499 of the Indian
Penal Code, 1860 is qualified ... such a position is entitled only to the
benefit of the qualified privilege mentioned in Section 499 , Indian
Penal Code.
(2) If a party
proceedings are not absolutely privileged
in this country, and that a qualified privilege in this
Crl.R.P.No.152/2014
Division Bench held that a right is distinct from a
8
mere privilege and that the case of a licencee to possess or use
firearm ... holding of a licence is not a right,
but a qualified privilege under the 1959 Act and the applicant has to
fulfil the conditions prescribed
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
facie defamatory - It
was clear case of exceeding limits of
qualified privilege and showing actual
malice - Defendant refused to apologize
and withdraw his offending statement
civil action for defamation,
Privilege is of two kinds:-
'Absolute' privilege and 'Qualified' privilege. Absolute privilege
protects a statement
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...7...
"qualified privilege" In India the authorities lay down that if to a
pleading ... claim against such debtor, were at all events entitled
.
to the qualified privilege of persons acting in good faith and
making communications with a fair
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
disqualified. The
petitioner was found to be qualified. The respondents with a
view to favour the privileged contractor cancelled the tender
process and initiated fresh
several
classes and to attach thereto respectively such
preferential, deferred, qualified of special rights
privileges or conditions as may be determined and to
various modify
