[AAP vs BJP Defamation Case] Not Law, Common Man Wants To Know Truth About Allegations Against Public Servants: Supreme Court
2 years, 3 months ago

[AAP vs BJP Defamation Case] Not Law, Common Man Wants To Know Truth About Allegations Against Public Servants: Supreme Court

Live Law  

This observation of the Top Court came in while considering BJP MP Manoj Tiwari's plea challenging the judgment of the Delhi High Court which refused to quash the summoning order issued by a Magistrate in the defamation case filed by Manish Sisodia, Delhi's Deputy CM. The defamation case was filed by Sisodia in 2019 against BJP leaders — Members of Parliament Manoj Tiwari, Hans Raj Hans and Pravesh Verma, former MLA Manjinder Singh Sirsa, Rohini constituency MLA Vijender Gupta, and Spokesperson Harish Khurana — for allegedly making defamatory statements about his involvement in corruption of nearly Rs 2,000 crore in the building of classrooms in Delhi's government schools. At the start of the hearing, Senior Advocate Venkatramani appearing for Tiwari argued that the Magistrate had ignored Section 199 of the Code of Criminal Procedure while taking cognizance of the complaint. "When the defamation is with respect to a public servant for work in his official capacity, there's a special procedure under section 199.

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History of this topic

Chargesheet Cannot Be Based On Bald Assertions Of Connivance: Supreme Court
Trending News
3 days, 5 hours ago

Chargesheet Cannot Be Based On Bald Assertions Of Connivance: Supreme Court

Live Law  

sThe Supreme Court recently held that offences in the chargesheet cannot be based on bald assertions of connivance. The Supreme Court referred to the ample judgments interpreting Section 197 namely Manohar Nath Kaul v. State of Jammu & Kashmir, Shambhoo Nath Misra v. State of U.P. Having considered the application of Section 197, the Court opined that the arguments of …

Chargesheet Cannot Be Based On Bald Assertions Of Connivance: Supreme Court
Trending News
3 days, 5 hours ago

Chargesheet Cannot Be Based On Bald Assertions Of Connivance: Supreme Court

Live Law  

sThe Supreme Court recently held that offences in the chargesheet cannot be based on bald assertions of connivance. The Supreme Court referred to the ample judgments interpreting Section 197 namely Manohar Nath Kaul v. State of Jammu & Kashmir, Shambhoo Nath Misra v. State of U.P. Having considered the application of Section 197, the Court opined that the arguments of …

Defamation case: SC relief for AAP leaders
3 months, 1 week ago

Defamation case: SC relief for AAP leaders

Hindustan Times  

The Supreme Court on Monday stayed criminal defamation proceedings against Aam Aadmi Party convener Arvind Kejriwal and Delhi chief minister Atishi in a case related to a statement made in 2018 that accused the Bharatiya Janata Party of facilitating the alleged deletion of 3 million voters from electoral rolls ahead of the 2019 Lok Sabha elections. AAP chief Arvind Kejriwal …

PM Modi's degrees : Court reserves order on Kejriwal's plea in defamation case
1 year, 4 months ago

PM Modi's degrees : Court reserves order on Kejriwal's plea in defamation case

India Today  

A sessions court in Ahmedabad on Friday reserved its order on the pleas filed by Aam Aadmi Party leaders Arvind Kejriwal and Sanjay Singh, challenging the summons issued to them by a local magistrate in a criminal defamation case over comments about Prime Minister Narendra Modi's educational qualifications. Gujarat University has filed a complaint of `criminal defamation' before a metropolitan …

Defamation proceedings | Court to pass order on Rahul Gandhi plea seeking permanent exemption
1 year, 10 months ago

Defamation proceedings | Court to pass order on Rahul Gandhi plea seeking permanent exemption

The Hindu  

A magistrate court will pass an order on Apri 1 on an application by Congress leader Rahul Gandhi seeking permanent exemption from appearing in ongoing defamation proceedings against him by a Rashtriya Swayamsevak Sangh secretary. Advocate Narayan Iyer had filed an application on behalf of Mr. Gandhi, seeking permanent exemption. He had said, “RSS people killed Gandhiji and today their …

Defamation case | Thane court exempts Rahul Gandhi from appearance
2 years, 6 months ago

Defamation case | Thane court exempts Rahul Gandhi from appearance

The Hindu  

A Thane court, on June 18, allowed exemption from appearance to Congress leader Rahul Gandhi in a defamation suit filed by an RSS activist. Bhiwandi Judicial Magistrate First Class L. C. Wadikar allowed the application for exemption for the day and adjourned the matter for August 6, Mr. Gandhi's counsel advocate Narayan Iyer told PTI. “In his application, Mr. Gandhi …

Defamation | Magistrate Can't Refer Complaint About Offence U/S 500 IPC To Police For Investigation U/S 156(3) CrPC: Karnataka High Court
2 years, 7 months ago

Defamation | Magistrate Can't Refer Complaint About Offence U/S 500 IPC To Police For Investigation U/S 156(3) CrPC: Karnataka High Court

Live Law  

The Karnataka High Court recently quashed the proceedings initiated under section 156 of the Criminal Procedure Code, wherein the Magistrate court referred the complaint filed for defamation under section 499, 500 of the Indian Penal Code to the police for further investigation.While doing so, the Bench relied on the Apex court judgement in the case of Subramanian Swamy v. Union. …

Complaint Against Defamation Of Deceased Person Can Be Filed Only By 'Family Members' Or 'Near Relatives': Punjab & Haryana High Court
4 years, 1 month ago

Complaint Against Defamation Of Deceased Person Can Be Filed Only By 'Family Members' Or 'Near Relatives': Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has observed that only the 'family members' or 'near relatives' of the deceased person, against whom imputations have been made, can claim to be 'persons aggrieved' to file defamation complaint under Section 499 of the Indian Penal Code.Sant Kanwar, a follower of late Chaudhary Matu Ram Hooda, an Arya Samajist and freedom fighter had …

Gujarat Court Grants Rahul Gandhi Permanent Exemption From Court Appearance In Defamation Case [Read Order]
4 years, 2 months ago

Gujarat Court Grants Rahul Gandhi Permanent Exemption From Court Appearance In Defamation Case [Read Order]

Live Law  

The Court of Metropolitan Magistrate in Ahmedabad on Tuesday granted Congress leader and a Member of Parliament from Waynad Rahul Gandhi, permanent exemption from appearance in a criminal defamation case, which he is facing over remarks against Union Home Minister Amit Shah. Plea for Permanent exemption On Tuesday, the Lawyer appearing for Rahul Gandhi, P. S. Champaneri submitted before the …

Batting for free speech: On filing of defamation cases against press
4 years, 7 months ago

Batting for free speech: On filing of defamation cases against press

The Hindu  

A feature of public life in Tamil Nadu in the last three decades has been the indiscriminate institution of criminal defamation proceedings against Opposition leaders and the media. The verdict of Justice Abdul Quddhose, quashing a series of defamation complaints filed since 2011-12, is remarkable for applying a set of principles that would firmly deter the hasty and ill-advised resort …

'State Should Not Be Impulsive Like An Ordinary Citizen In Defamation Matters And Invoke Sec 199(2) CrPC To Throttle Democracy' :Madras HC Quashes Cases Against N Ram & Ors [Read Judgment]
4 years, 7 months ago

'State Should Not Be Impulsive Like An Ordinary Citizen In Defamation Matters And Invoke Sec 199(2) CrPC To Throttle Democracy' :Madras HC Quashes Cases Against N Ram & Ors [Read Judgment]

Live Law  

In a significant judgment underscoring the importance of press freedom, the Madras High Court on Wednesday quashed the criminal complaints filed against a group of editors and journalists such as N Ram, Editor-in-Chief of The Hindu, Siddharth Varadarajan, Nakkeeran Gopal etc.The complaints were lodged in 2012 alleging "criminal defamation against State' over few reports against J Jayalalitha,. Alleging that the …

Judicial Process Should Not Be An Instrument Of Operation Or Needless Harassment: Cautions Allahabad HC [Read Judgment]
5 years ago

Judicial Process Should Not Be An Instrument Of Operation Or Needless Harassment: Cautions Allahabad HC [Read Judgment]

Live Law  

While cautioning the courts to be circumspect and judicious in exercising the discretion and issuing process, the Allahabad High Court quashed the summoning order passed against the editorial staff of a newspaper, in connection with a defamation case. Thus it was held, "the complaint was not maintainable before the Magistrate as there is specific provision that the complaint should be …

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