This case is regards to the Defamation plaint to be presented to the court of correct territorial jurisdiction.
Citations: [
Indiankanoon.org or ILR link:
The Index for Defamation Judgments is here.
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In this case before Hon’ble Bombay High Court, it was held that the word impotent when used in pleadings is sufficient to hold that defamation to husband has been done.
The statement made in the pleading is “The petitioner wanted to avoid writing this in this petition but the conduct of the respondent compels her to write that the respondent is an impotent person and the child was born by medical ovulation period technique as was suggested by the gynecologist.“
From Para 24,
Reading the afore-stated allegation as it is and without adding anything to it or subtracting anything from it prima facie, one gets an impression that it is per se defamatory in character and has been, prima facie, calculated to cause harm or injury to the reputation of the non-applicant. It also gives an impression that apparently it has been made with consciousness about the repercussion that such a statement would have on the life of the non-applicant. Even if the expression “impotent person”, as the learned Counsel for the applicant would like this Court to do, is read in all its contextual setting, in particular, in the context of the birth of the child by adopting a medical procedure on the suggestion of the Gynecologist, still the apparent harm that the expression “impotent person” causes, is not diluted or washed out. This is for the reason that prima facie the word “impotent” when understood in it’s plain and grammatical sense, reflects adversely upon the manhood of a person and has a tendency to invite derisive opinions about such person from others and, therefore, use of such word and its publication as contemplated under Section 499 of IPC would be sufficient to constitute, in a prima facie manner, the offence of defamation punishable under Section 500 of IPC. Now, if the non-applicant submits that this word has been used by her in some different sense denoting medical condition of the non-applicant affecting the process of conception, it would be a matter of evidence to be proved accordingly. At this stage, the meaning apparently indicated by the word would have to be taken as it is. Then, such imputation has been made by filing a writ petition and, therefore, the other ingredient of publication is also fulfilled in the present case. Therefore, prima facie, the offence punishable under Section 500 of IPC is made out in this case.
Citations: [
Other Source links:
The Index for Defamation Judgments is here.
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Hon’ble Apex Court has held that, to prosecute someone who may have approved off or issued directions to print a certain news, teh allegation to the effect of identifying the person responsible in FIR is sufficient. Truthfulness of the allegations had to be adjudicated in trial.
Citations: [
Other Source links:
The Index for Defamation Judgments is here.
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Rajdeep Sardesai faced rejection at SC when he sought quashment of the defamation proceedings initiated on him.
Prior to this, AP high court also dismissed his 482 CrPC petition to quash the defamation proceedings initiated on him by Nampally Court.
The Index for Defamation Judgments is here.
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Settlement can magically make all cases disappear just like that. Once Settlement is reached, 498A, 406 IPC, Divorce and Domestic Violence along with another case under sections 353, 323, 427, 500, 504 and 506 IPC, are all quashed.
Paisa phekho, mazaa karo.
Citations: [
Other Source links:
The Index for Defamation Judgments is here.
Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in
This is case of Defamation that the Supreme Court has partly quashed as the comments which were alleged to be defamatory were found by SC as not defamatory.
It would thus be seen that when a private complaint is made to the Magistrate, before the Magistrate takes cognizance of the offence on the complaint so as to take the other steps, the complaint shall contain all the necessary facts constituting the offence for which the complaint was laid, so that the Magistrate can proceed further in taking further steps after cognizance of the offence is taken by issuing the process etc.
And then,
But we do not find any allegation made in the complaint. Accordingly, we hold that the complaint filed in the Court of the Judicial Magistrate, First Class in Court No.4 at Pune does not contain any of the allegations so as to constitute the offence of defamation defined in Section 499 and punishable under Section 500. Consequently, the Magistrate was not justified in issuing the process against the appellant. The complaint is accordingly quashed.
Citations:
Other Source links:
The Index for Defamation Judgments is here.
In this landmark judgment from Hon’ble Supreme Court, it has uphold the constitutional validity of Sections 499 and 500 of the Indian Penal Code and Section 199 of the Code of Criminal Procedure.
Citations: [2016 SCC 7 221], [2016 SCC ONLINE SC 550], [2016 AIR SC 2728]
Indiankanoon.org or Casemine link: https://www.casemine.com/judgement/in/581180e72713e179479dd9f3
The Index for Defamation Judgments is here.
In this very good divorce judgment from Hon’ble High Court of Bombay, it is held that the knife caused metal cruelty on husband and his parents for the following reason,
the Appellant established that the Respondent could not substantiate the allegations of cruelty in the criminal case. Even the allegations of cruelty made by the Respondent in the written statement in the present case could not be established by her;
The Appellant and his family members were required to attend Criminal Court on 56 different dates from the year 2001 to 2004. Considering the manner in which the criminal case proceeded, the Appellant and his family members were subjected to humiliation, trauma and agony as set out in the deposition of the Appellant;
The Respondent made a very serious defamatory allegation against the Appellant, both in the written statement and in her evidence, that due to ill treatment by the Appellant, she started suffering from arthritis. The Respondent made no efforts to substantiate the said allegation. Thus, the Respondent made unfounded defamatory allegation against the Appellant;
Not only that the Respondent did not substantiate the said allegation, even the cause of death of her father was not brought on record. Even this allegation is an unfounded defamatory allegation;
Citations:
Other Source links:
The Index for Defamation Judgments is here.
Legal point explained: Court (Civil and Criminal) can allow amendments to the complaint/petition, before cognizance of same is taken by Court, either to a curable infirmity or the same cannot be corrected by a formal amendment or if there is likelihood of prejudice to the other side, then the Court shall not allow such amendment in the complaint.
Case brief: The complainant wanted to amend his complaint to include a poem which is the cause of defamation suit he filed on his step-brother.
From Para 17,
Insofar as merits of the contention regarding allowing of amendment application, it is true that there is no specific provision in the Code to amend either a complaint or a petition filed under the provisions of the Code, but the Courts have held that the petitions seeking such amendment to correct curable infirmities can be allowed even in respect of complaints.
Citations: [
Other Source links:
The Index for Defamation Judgments is here.
In this quash judgment, AP High Court has held that
“The acts of the persons to redress their grievances through the available mode cannot, at any rate, be termed as acts made with an intention to defame the persons, against whom grievance is expressed.”
Citations:
Other Source links:
The Index for Defamation Judgments is here.
Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in
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