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defamation

Case BriefsHigh Courts

Toon Controversy | Cartoonist wanting to express anger, cannot be construed as defamation: Madras HC quashes criminal case against cartoonist, says cannot teach ethics to people

Madras High Court: G. Ilangovan, J., expressed that a cartoonist is also bound by the law and he cannot defame anyone. Accused,

Published on June 8, 2021June 11, 2021By Bhumika Indulia
Leave a comment3985 views
Case BriefsHigh Courts

Del HC | Does CrPC allow amendment before taking cognizance and is there any provision to amend criminal complaint? Read Court’s opinion while deciding India Today’s Editor-in-Chief’s application in defamation case

Delhi High Court: Yogesh Khanna, J., reiterated that there is no provision in the Criminal Procedure Code to amend a criminal complaint,

Published on April 9, 2021April 16, 2021By Bhumika Indulia
Leave a comment16863 views
Case BriefsHigh Courts

Madras HC | Political parties should restrain from making serious allegations or criticism against constitutional functionaries

“…leaders of political parties should show their statesmanship and quality and healthy politics rather than accusing others by using vituperated language in political platform.”

Published on April 5, 2021April 16, 2021By Bhumika Indulia
Leave a comment2993 views
Case BriefsHigh Courts

Bom HC | Can a person’s image be used for a commercial purpose, without his/her express written consent? Justice G.S. Patel elaborates directing Amazon Prime to take down the telecast of a movie using a person’s private image

Bombay High Court: G.S. Patel, J.,  while addressing a matter wherein the offence of defamation has been alleged, expressed: Simply using another’s

Published on March 4, 2021March 19, 2021By Bhumika Indulia
Leave a comment5817 views
Case BriefsHigh Courts

Del HC | Complaint against Business Standard for defaming ‘member of RSS’ quashed: Who qualifies as an aggrieved person to file defamation complaint? HC explains

Delhi High Court: Suresh Kumar Kait, J., quashed a complaint about defamation filed by a lawyer against Business Standard. It was held

Published on March 2, 2021March 12, 2021By Bhumika Indulia
Leave a comment2715 views
Case BriefsDistrict Court

#MeToo | MJ Akbar v. Priya Ramani: Woman has a right to put her grievance at any platform of her choice even after decades || No defamation case against Priya Ramani [Verdict]

“Sometimes the victim of sexual abuse herself does not understand what is happening to them or what is happening to them is wrong.”

Published on February 17, 2021February 20, 2021By Bhumika Indulia
Leave a comment5608 views
Op EdsOP. ED.

Defamation, a tort

by Achal Gupta†

Published on February 12, 2021February 15, 2021By Bhumika Indulia
3 Comments24771 views
Case BriefsHigh Courts

Jhar HC | A Newspaper reports about sexual assault incident along with sum and substance of FIR lodged with no disclosure of victim’s name. Will defamation provision under Ss. 500 or 501 IPC be applied on publisher, editor, etc.?

Jharkhand High Court: Ananda Sen, J., while addressing the instant matter with regard to the application of Section 228A of Penal Code,

Published on February 12, 2021February 12, 2021By Bhumika Indulia
1 Comment3132 views
Case BriefsSupreme Court

FIR is not a detailed chronicle of all intricate and minute details of an offence: Supreme Court [Read what a valid FIR is]

Supreme Court: The bench of AM Khanwilkar and Sanjiv Khanna, JJ has held that the true test of a valid FIR is only whether

Published on December 19, 2020December 20, 2020By Prachi Bhardwaj
1 Comment11826 views
Case BriefsSupreme Court

Freedom & rights cannot armour those who promote & incite violence| 15 notable excerpts on ‘hate speech’ from Supreme Court’s verdict in Amish Devgan case

“In a polity committed to pluralism, hate speech cannot conceivably contribute in any legitimate way to democracy and, in fact, repudiates the right to equality.”

Published on December 8, 2020January 6, 2021By Prachi Bhardwaj
Leave a comment7736 views
Case BriefsHigh Courts

P&H HC | Under S. 499 IPC, is it only the ‘family members’ or ‘near relatives’ of deceased person, against whom imputations have been made, can claim to be ‘persons aggrieved’? Court explains

Punjab and Haryana High Court: Sanjay Kumar, J., quashed the proceedings under Section 499 IPC against the petitioner holding that the complainant was

Published on December 7, 2020December 11, 2020By Bhumika Indulia
Leave a comment4416 views
Case BriefsHigh Courts

Ker HC | Fourth Estate is rostrum to address matters of public interest on democracy: News items published with necessary comments, though sometimes contemptuous, may not amount to defamation

Kerala High Court: P. Somarajan, J., observed that, “…fourth estate is not expected to shy away from the matters governing public importance, but

Published on November 16, 2020November 20, 2020By Bhumika Indulia
Leave a comment2292 views
Case BriefsForeign Courts

Actor Johnny Depp’s libel action against The Sun newspapers dismissed | Detailed Report

London High Court of Justice (Queen’s Bench): The instant high profile case of libel brought in by well known American actor Johnny

Published on November 13, 2020November 13, 2020By Editor_4
Leave a comment2436 views
Case BriefsHigh Courts

“Block Twitter handle of defendant making derogatory posts against TV Today Network and its leading anchor” Del HC allows injunction sought by media conglomerate

Delhi High Court: Mukta Gupta, J., allowed the injunction application filed by the TV Today Network finding they have established prima facie case

Published on October 19, 2020October 23, 2020By Bhumika Indulia
1 Comment3109 views
Case BriefsHigh Courts

[Defamation] Madras HC | “Presence or absence of evidence not a matter to be decided in Or. 7 R. 11 CPC application”: Challenge to Isha Foundation’s defamation suit against media entity rejected

Madras High Court: R. Subramanian, J., refused to allow the application filed by Sathiyam Media praying for rejection of plaint filed by

Published on October 13, 2020October 23, 2020By Bhumika Indulia
Leave a comment4519 views
Case BriefsHigh Courts

Kar HC | Whether pleadings in trial amount to ‘publication’ in a suit for defamation; Court discusses nuances to S. 500 IPC  

Karnataka High Court: H.B. Prabhakara Sastry, J., while allowing the criminal revision in part, remarked that, if the accused seeks to take

Published on October 8, 2020October 8, 2020By Editor_4
Leave a comment11947 views
Case BriefsHigh Courts

Madras HC | Can an advocate be made criminally liable under S. 500 IPC who acts as per the instructions of his or her client? HC explains proposition

Madras High Court: G.K. Ilathiraiyan, J., observed that, Section 500 of the Penal Code, 1860 cannot be attracted wherein an advocate acts professionally

Published on October 5, 2020November 4, 2020By Bhumika Indulia
1 Comment5093 views
Case BriefsHigh Courts

Cal HC | Plea of absolute privilege protects a statement in civil defamation, however false and defamatory it may be, even though made with malicious motive

Calcutta High Court: Debangsu Basak, J., while addressing a matter with regard to defamation, observed that “in a civil action for defamation, the

Published on August 13, 2020August 14, 2020By Bhumika Indulia
Leave a comment6880 views
Case BriefsHigh Courts

Madras HC | State cannot launch prosecution under S. 199(2) of CrPC for defamation whimsically, without any application of mind

Madras High Court: While answering important questions related to freedom of press; meaning of criminal defamation against the State and requisites of

Published on May 22, 2020May 29, 2020By Bhumika Indulia
Leave a comment4543 views
Case BriefsSupreme Court

SC | FIR against Arnab Goswami not to cover offence of defamation (S. 499 IPC); Investigation to continue at NM Joshi Marg Police Station under Mumbai Police

Supreme Court: A Division Bench of Dr Dhananjaya Y Chandrachud and M.R. Shah, JJ., while rejecting the Editor-in-Chief of Republic TV Arnab Goswami’s 

Published on May 19, 2020May 22, 2020By Bhumika Indulia
Leave a comment4666 views

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