Statements Made By Lawyers During Judicial Proceedings Conferred With ‘Absolute Privilege’, Can’t Be Put To Trial For Defamation: Delhi High Court
2 years, 1 month ago

Statements Made By Lawyers During Judicial Proceedings Conferred With ‘Absolute Privilege’, Can’t Be Put To Trial For Defamation: Delhi High Court

Live Law  

The Delhi High Court has said that statements made by a lawyer during judicial proceedings are conferred with an “absolute privilege” and no action for defamation, slander or libel can lie against them for advancing the submissions. Observing that such statements are “complete defence against any allegations of defamation”, Justice Mini Pushkarna said that justice system would be adversely affected “if lawyers were to be in fear of law themselves” for any submission or statement made by them during a hearing. It added that it is necessary to protect statements made by lawyers during proceedings as absolute privilege and that they “cannot be put to trial for defamation” on the basis of such statements. “Thus, any statement made by any Advocate during the course of judicial proceedings would be protected in public interest and absolute privilege in that case would be a complete defence,” the court added.

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History of this topic

What is defamation in India? IPC Sections & notable cases
3 weeks, 6 days ago

What is defamation in India? IPC Sections & notable cases

The Hindu  

Defamation refers to speaking or writing words, making signs, or publishing any information against someone with an intention to harm the said party. A defamation case is formed when the statement reveals identity, harms reputation, has demonstrably false statements, and intentions are proved. Libel refers to defamatory statements made in a permanent form, such as written words, images, or published …

What is defamation in India? IPC Sections & notable cases
3 weeks, 6 days ago

What is defamation in India? IPC Sections & notable cases

The Hindu  

Defamation refers to speaking or writing words, making signs, or publishing any information against someone with an intention to harm the said party. A defamation case is formed when the statement reveals identity, harms reputation, has demonstrably false statements, and intentions are proved. Libel refers to defamatory statements made in a permanent form, such as written words, images, or published …

Delhi High Court Quashes Defamation Case Against Former GGSIPU Dean, Says Accusations Were Made To Authorized Person In Good Faith
1 year, 3 months ago

Delhi High Court Quashes Defamation Case Against Former GGSIPU Dean, Says Accusations Were Made To Authorized Person In Good Faith

Live Law  

The Delhi High Court has quashed a defamation case filed against Dr Suman Gupta, former Professor and Dean, University School of Law and Legal Studies, Guru Gobind Singh Indraprastha University, noting that the case fell under exception 8 to Section 499 IPC. The issue had arisen when the complainant/respondent No.1, who was an Assistant Professor of Law at GGSIPU, filed …

Is Defamation Suit Maintainable Against Alleged Libelous Pleadings Filed In Court If Circulated In Public Domain? Delhi HC To Examine
2 years, 11 months ago

Is Defamation Suit Maintainable Against Alleged Libelous Pleadings Filed In Court If Circulated In Public Domain? Delhi HC To Examine

Live Law  

The Delhi High Court is set to examine whether defamation proceedings can lie against libelous statements made in the pleadings before a Court, if such pleadings are circulated in public domain.The Division Bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla today issued notice on an intra-court appeal raising this question.The Appellant had challenged the summoning order. The …

Can One Be Prosecuted For Defamatory Remarks In A Counter Affidavit? This Is What The Kerala High Court Held
4 years ago

Can One Be Prosecuted For Defamatory Remarks In A Counter Affidavit? This Is What The Kerala High Court Held

Live Law  

The Kerala High Court on Wednesday was posed with an interesting fact scenario concerning a case where a person was accused of defamation for statements made in a counter affidavit.Observing that there was no absolute privilege against defamation available to allegations/claims in pleadings, Justice R Narayana Pisharadi stated,"Section 499 of the Indian Penal Code does not give absolute. The Kerala …

Advocates Should Be Given Absolute Protection From Criminal Defamation: Abhinav Chandrachud, Pinky Anand [Video]
7 years, 1 month ago

Advocates Should Be Given Absolute Protection From Criminal Defamation: Abhinav Chandrachud, Pinky Anand [Video]

Live Law  

Advocating to make ‘sedition’ a non-cognizable, bailable offence and reducing the term of imprisonment while seeking statutory backing for the definition of ‘sedition’ as envisaged in the 1962 judgment, Bombay High Court Lawyer Abhinav Chandrachud has said advocates should be given absolute protection from criminal defamation.He was speaking at a debate held at the ongoing Zee. Advocating to make ‘sedition’ …

Rights Of Mediaperson Not Higher Than That Of Common Man, Responsibilities Are: Delhi court [Read Judgment]
7 years, 7 months ago

Rights Of Mediaperson Not Higher Than That Of Common Man, Responsibilities Are: Delhi court [Read Judgment]

Live Law  

Observing that the rights of press persons are not higher than that of the common man but the responsibilities are higher, a Delhi court has said press does not enjoy any special privileges to comment, criticize or even to investigate the facts of any case.Additional District Judge Raj Kapoor said so while deciding a suit for damages filed by a …

Defamation law protects individuals
8 years, 9 months ago

Defamation law protects individuals

Live Law  

Defamation is an actionable offence according to the present law. The law of defamation as an offence recently survived an onslaught on it at the Supreme Court made on the ground that it violates the fundamental right of freedom of speech. The Supreme Court pointed out that when any imputation is per se defamatory, the burden of the aggrieved person …

Breaking; Law on Criminal Defamation is not Unconstitutional; SC [Read Judgment]
8 years, 10 months ago

Breaking; Law on Criminal Defamation is not Unconstitutional; SC [Read Judgment]

Live Law  

“Freedom of speech and expression is not absolute. The concept of social interest has to be kept in mind when considering reasonableness of a restriction”.A two Judge Bench of the Supreme Court of India Today upheld the Constitutional Validity of Sections 499 to 502] of Indian Penal Code relating to Criminal Defamation. A two Judge Bench of the Supreme Court …

Criminal defamation in IPC should be retained: Government tells SC |IndiaTV News
9 years, 8 months ago

Criminal defamation in IPC should be retained: Government tells SC |IndiaTV News

India TV News  

Criminal defamation in IPC should be retained: Government tells Supreme Court New Delhi: The provision for criminal defamation should be retained in the Indian Penal Code as a deterrent against defamatory actions, the Centre has told the Supreme Court.The Ministry of Home Affairs in its New Delhi: The provision for criminal defamation should be retained in the Indian Penal Code …

Supreme Court stays summons to Rahul Gandhi in defamation case
9 years, 10 months ago

Supreme Court stays summons to Rahul Gandhi in defamation case

The Hindu  

The Supreme Court on Thursday stayed criminal defamation proceedings against Congress vice-president Rahul Gandhi in a Maharashtra court for allegedly blaming the Rashtriya Swayamsevak Sangh for the assassination of Mahatma Gandhi. Rahul exempted from appearance in trial court The Supreme Court, which stayed the criminal defamation proceedings against the Congress vice-president, also relieved him from making an appearance before the …

Court orders framing of charges against BJP's Gupta for defamation
11 years, 8 months ago

Court orders framing of charges against BJP's Gupta for defamation

India TV News  

New Delhi, July 1: A court here Monday ordered framing of charges against Bharatiya Janata Party leader Vijender Gupta in a criminal defamation complaint lodged against him by Delhi Chief Minister Sheila Dikshit. Metropolitan Magistrate Namrita Aggarwal said an offence of defamation was prima facie made out against Gupta and fixed the matter for July 27 for formally framing charges …

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