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True Colors of a Vile Wife

Defamation Judgments

Posted on January 14, 2020 by ShadesOfKnife

Here I list the landmark judgments from High Courts of India and Supreme Court of India.

 

1920-1925

  1. Gopal Naidu and another Vs King-Emperor on 22 December 1922 (Bombay High Court: the purpose of the codified statute is that on any point specifically dealt with by it the law shall be ascertained by interpreting the language used; the Court is not entitled to invoke the Common Law of England in the matter of defamation)

1926-1930

  1. Tiruvengada Mudali Vs Tripurasundari Ammal on 15 February 1926 (Madras High Court: the defamatory matter contained in the plaint are accusations in nature and they do not have absolute privilege but only qualified privilege as provided by sec 499 of IPC)

 

1931-1935

 

1936-1940

 

1941-1945

 

1946-1950

 

1951-1955

 

1956-1960

 

1961-1965

  1. Thangavelu Chettiar Vs Ponnammal on 1 November, 1965 (Madras High Court: the defamatory matter contained in the plaint was  admittedly signed and filed by the petitioner. There can be no doubt that there was publication of the defamatory matter)

 

1966-1970

  1. M.C. Verghese Vs T.J. Ponnan and Anr on 13 November 1968 (Supreme Court of India:  at common law there had never been a separate principle or rule that communications between a husband and wife during marriage were inadmissible in evidence on the ground of public policy.)

 

1971-1975

  1. Balraj Khanna and Ors Vs Moti Ram on 22 Apr 1971 (Supreme Court of India:  as far as possible the words spoken or the statements actually made and which he alleges to be defamatory are before the court)

 

1976-1980

  1. Surinder Mohan Vikal Vs Ascharaj Lal Chopra on 28 Feb 1978 (defamation has to be filed with in time limitation as per 468 CrPC)

 

 

1996-2000

  1. Mukund Martand Chitnis Vs Madhuri Mukund Chitnis And on 23 April 1991 ()
  2. Dr. J.Sudarshan Vs R.Sankaran on 16 August, 1991 (Madras High Court: The Civil Court would confine its decision to the trespass, threat of injury and damage by the servants, agents and workmen of the various defendants and the entitlement of token damages by the respondent, while the criminal Court, the passage being per se defamatory, would proceed to find out whether any one of the 10 Exceptions to S. 499, I.P.C. would apply.)
  3. Shatrughna Prasad Sinha Vs Rajbhau Surajmal Rathi and Ors on 10 September 1996 (SC: Statements made were not defamatory)

 

2001-2005

 

2006-2010

  1. M.K.Prabhakaran and Anr Vs T.E.Gangadharan and Anr on 7 March, 2006 (Kerala HC: ‘Once a statement has been filed in a court of law, that statement can be taken as published and if such a statement amounts to per se defamatory, it is the duty of the accused to establish that they are justified in making such a statement under any of the exceptions to Section 499 I.P.C.‘)
  2. Japani Sahoo Vs Chandra Sekhar Mohanty on 27 Jul 2007 (SC: Limitation u/s 468 starts from the date of making the complaint and not on the date the cognizance was taken)
  3. Dayanand Rao Rangadal Vs Suresh and Ors on 14 August, 2008 (Karnataka High Court: “a written statement is a public document” and “a criminal proceeding can be initiated when a civil proceeding is ongoing”)
  4. Anubhav Gupta Vs State of Rajasthan on 5 October 2009 (At SC, all cases quashed, after settlement)

 

2011-2015

  1. Ms.Romy Khanna Vs State (Govt of NCT of Delhi) on 4 Jul 2011 (Defamation was filed after 3 years – Time barred)
  2. Gambhirsinh R.Dekare Vs Falgunbhai Chimanbhai Patel and Anr on 11 March 2013 (SC held allegation to the effect who authorised printing of defamatory statements is sufficient)
  3. Mr M Vs Mrs M on 7 February 2014 (Bombay HC: Divorce for husband due to mental cruelty via defamation by knife)
  4. Priyanka Srivastava and Anr Vs State of UP and Ors on 19 March, 2015 (Procedure for filing non-cognizable cases defined by Dipak Misra)
  5. Rajdeep Sardesai Vs State Of A.P on 14 May 2015 (SC dismissed Quash against AP HC Order)
  6. S.R.Sukumar Vs S.Sunaad Raghuram on 2 July 2015 (At SC: Amendment allowed in complaint)

 

2016-2020

  1. Subramanian Swamy Vs Union of India on 13 May, 2016 (Supreme Court: IPC 499 and 500 and CrPC 199 are Constitutionally valid)
  2. Deepak Kumar @ Deepak Saha Vs Hindustan Media Ventrues Ltd and Ors on 06 July 2017 (Delhi HC: No territorial jurisdiction)
  3. Mahadev I Todale Vs Frankfinn Aviation Services Pvt Ltd and Ors on 10 July 2017 (Delhi HC:)
  4. E.Krishna and Ors Vs Srinivasa Chary on 17 November 2017 (AP HC: Not defamation)
  5. X Vs Y on 2 November, 2018 (Bombay HC: Impotent word is Defamatory)
  6. M.K.Varghese Cor Episcopa Vs State of Kerala on 08 January, 2020 (Kerala High Court: Complaint of defamation cannot be quashed under section 482 CrPC, as it does not have absolute privilege and only qualified privilege)
  7. Rabindra Nath Pal Vs Ratikanta Paul and Ors on 6 Mar 2020 (Defamation was filed after 3 years – Time barred)

 

 


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The materials provided herein are solely for information purposes. No attorney-client relationship is created when you access or use the site or the materials. The information presented on this site does not constitute legal or professional advice and should not be relied upon for such purposes or used as a substitute for legal advice from an attorney licensed in your state. Take this ideas to your legal Counsel and work out your remedies.

Judgments curated, reproduced from sci.gov.in, judis.nic.in, lobis.nic.in, indiacode.nic.in and other similar Indian High Court and District Court Websites such as ecourts.gov.in, dcourts.gov.in or any other Government websites such as Gazettes and repositories of Government Orders and Commented in accordance with Section 52(1)(q) of the Copyright Act 1957 (India) and any other applicable public disclosure laws/provisions in India and in various other countries.

I neither have control to remove copies of this document(s) that may be available on websites of High Courts or Supreme Court of India or any of the many other sites, law journal or reporters which carry the same judgment in entire form, nor I can remove references/links to this document(s) from the results of Search Engines such as Google.com.

Read more gyan here.

Though, I can mask/redact content (like names of parties from cause title) from the Judgments posted on my site, on request for any parties to a case, even though, I am not legally obligated to do so, except for express direction from a Competent Court.

Om Shanthi !!!


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Posted in Assorted Court Judgments or Orders or Notifications | Tagged Catena of Landmark Judgments Referred/Cited to CrPC 199 - Defamation IPC 499 - Defamation IPC 500 - Punishment For Defamation Summary Post Work-In-Progress Article

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