...the doctrine of absolute privilege as regards statements made by a witness on oath in judicial proceedings for which he is subsequently sued for defamation. Under the English Law the following...replies, "Yes, and X picked my pocket there". Winfleld on Torts, 6th Edition P. 335. 5. The question whether the doctrine of absolute privilege should be applied to statements made in...fact which had been recognised when the doctrine of absolute privilege was rejected in favour of a qualified privilege to Section 499 I.P.C. The reason given by the Bench in...

...were protected by the doctrine of absolute privilege and he held as a fact that the statements were true in substance and in fact and further that they were not made maliciously and he, therefore, gave...important part of his judgment is that he found that the statements complained of were not protected by the doctrine of absolute privilege but I fear that he has not appreciated the fundamental principles of...recognised maxim that statements made to a magistrate for the purpose of getting him to act within the scope of his authority are matters of absolute privilege. That rule has been specifically...

..., in my opinion, between evidence given in the box and the evidence on affidavit. This doctrine of absolute privilege applies to affidavits as well as to oral evidence as stated by Chief Baron Willy in...

.... Srinivasa Ayyangar for the plaintiff (respondent) has strenuously urged that the proceeding before the officer deputed under S. 75, is not a judicial proceeding and that the rule of absolute privilege has no application. But the ...absolute privilege is not confined to statements made before judicial tribunals strictly so called but has been carried further, and has been held to apply to...natural justice are observed, an absolute privilege attaches to the proceedings. The substantial elements of natural justice must be found to have been present at the inquiry:” (page 183) The learned...

...in based on public interest. At times, when the defence of absolute privilege is not available, in exceptional cases, public policy can also preclude the Court from entertaining a claim. 19.4 Thus...who has a duty to make a statement in the course of the proceedings, or the statement made has no reference at all to the subject matter of the proceedings. The doctrine of absolute privilege does not protect such statement...the learned Sessions Judge. 20.4 The utterance, even if assumed to be true, in our opinion, would be protected by the doctrine of absolute privilege. Thus, the...

...conditionally, and commonly known as absolute privilege and qualified privilege. Where the plea is sought on the ground of absolute privilege the Courts are precluded from discussing...the good faith of th...would not be protected by the absolute immunity from liability to an action. But in 1928 the Court of Appeal in England seems to have extended the doctrine of absolute privilege even to communications...unreported case Minter v. Brockman. If the reason of the rule is examined, this view seems to be sound. The doctrine of absolute privilege is, as pointed out by Channel, J., in Bottomley v...

...qualified privileges mentioned in the ten exceptions to s. 499, with regard to the others matters the English Common Law doctrine of absolute privilege still prevails. But this view of the Full Bench has...Bench that are relied on by Mr. Kasturi in support of his contention that the English Common Law doctrine of absolute privilege prevails in India. But in...this decision. In coming to their conclusion, the following observations have been made by the learned. Judges at page 737;“We are of opinion that the privilege defined by the...

...this appeal since he is protected by the doctrine of absolute privilege. Both these appeals are accordingly allowed and the plaintiff's suit dismissed with costs throughout.Leave to appeal refused....of action against them.The 1st defendant's case rests upon the plea of privilege. It is contended for the respondent that this plea of absolute privilege was not raised in the trial...Court. I am unable to verify this allegation because the written statement of the 1st defendant has not been printed. It is true that no issue on the plea of absolute privilege was framed by the learned...

...put to him, it would not be protected by the doctrine of absolute privilege. It is submitted that inasmuch as the Defendant volunteered to make statements, without being compelled to do so, and those statements are defamato...away their absolute privilege from claims of defamation. A similar proposition was followed later in Medcalf v. Mardell, [2002] UKHL 27, [2003] 1 AC 120.20. Each of the decisions cited by the Plaintiff pertains to app...absolute privilege.10. The Court begins by referring to...

...anger against the person defamed." 3. The question we have to determine is whether this Common law doctrine of absolute privilege is part of the law of this country, or whether on the true ...English Common law doctrine of absolute privilege, it should be inferred that it was the intention of the Legislature that it should form no part of the law of this country. In my opinion, it does not necessarily follow tha...of the Penal Code had not before their minds the doctrine of the English law with regard to the question of absolute privilege; and it seems to me that in dealing with a matter of such importance, if...

...proceeding taken by him cannot obviously fall within the doctrine of absolute privilege applied by the learned Chief Justice, to Sanjivi Reddi's case. But the position becomes changed when one comes...

...Common law doctrine of absolute privilege is part of the law of this country, or whether on the true construction of Section 499, Indian Penal Code, the law of defamation as laid down in that sect...Section 499, and inasmuch as that section contains no reference to this English common law doctrine of absolute privilege, it should be inferred that it was the intention of the legislature that it should form no part of th...offence: it is not so in England. It is not to be supposed that the framers of the Penal Code had not before their minds the doctrine of the English law with regard to the question of absolute privilege...

...of the application to Criminal Law in India of the English Common Law doctrine of absolute privilege. If I may say so with respect, I share that doubt and am of opinion that the Indian Law on the...

...damages at Rs. 4,000/- solely on the ground that the defendant's action could be protected by the doctrine of absolute privilege.8. Now, it is indeed difficult to uphold the application of...is the case concerning the petition to the Deputy Inspector General of Police, where the plea of absolute privilege was negatived. Further, as far as the cases of this court are concerned, the doctrine of...the principles of absolute privilege, for both upon the facts and law in this regard, the judgment under appeal is erroneous.9. As against the tort of defamation, privilege is a matter of...

...again held that there is no presumption of law in India that a wife and husband constitute one person for the purpose of criminal law, and therefore the English common law doctrine of absolute privilege...of Session, the order was set aside and further enquiry into the complaint was directed. In the view of the learned Sessions Judge the doctrine of the common law of England that a communication by one.... Accordingly except where the spouse to whom the communication is made is a witness and claims privilege from disclosure under the Criminal Evidence Act. 1898, (of which the terms are similar to s. 122 of...

...matter of P.C. Gupta v. The State (1970) ILR 2 Cal 254 has held that the doctrine of absolute privilege is not applicable to criminal proceeding. It was held as under:—“It i...ultimately the preponderance of the decisions of the different High Courts is that the said doctrine of absolute privilege should not be applied to a criminal proceeding where the party prosecuted..., I think, be calculated to limit their freedom and independence in their clients’ interests to a greater extent than would be the case in England, if no absolute privilege existed there, since the...

...dawn by the criminal law between written and spoken defamatory matter and both are held equally punishable, that an absolute privilege should be accorded a defendant to protect him from pecuniary liability which would not avail him ...absolute privilege propounded by the respondent's counsel should be unreservedly followed in our...essential that, before a person can be held entitled to the privilege of having made a statement in good faith for the protection of his interests, he should establish that every word he has spoken or written...

...not protected. But it is argued by the learned pleader who appears in support of this rule, following the decision in Potaraju Venkata Reddi's case, that the English Common Law doctrine of absolute...the Penal Code to the cases of absolute privilege, it must be assumed that the framers of the Code, who were introducing the English law into this country, cannot have intended to exclude that portion....It seems to us therefore clear both on principle and authority that in Bengal there is no absolute privilege for a statement like that now under consideration when made in had faith. It...

...is called ‘Doctrine of absolute privilege’, is that in the public interest it is not desirable to enquire whether the words or acts of certain persons are malicious or not.29. It is not that there is any ...specifically raised either in the written statement or in the issues:(2) That, even if the question of privilege could be raised, it was not a case of absolute privilege, as rightly held by the...) justification (or truth), or (2) privilege, absolute or qualified, and, (3) fair comment. In England there is a statutory defence in actions for libel against newspapers, viz., apology.22. We are...

...doctrine of absolute privilege does not obtain in the moffussil in India, and a defamatory statement made in bad faith by an accused, against whom a trial is pending in a criminal court, is not absolutely...principle is contained in the doctrine of privilege in law in England statements made by witnesses or parties in the course of judicial proceedings whether they are in the form of pleadings of sworn...testimonies are absolutely privileged and no action can lie against a party or a witness for any allegation made by him or in the course of a statement or in a pleading. But the doctrine of absolute...