CiteTEXT
...1949 PC 106, on an appeal to the Privy Council from Ceylon, the general principle underlying the defence of privilege is the “common convenience and welfare of society”, or, “the general interest of...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...own affairs, in matters where his interest is concerned. If fairly warranted by any reasonable occasion or exigency, and honestly made, such communications are protected for the common convenience and...
...referred to, in the English books, as matters affecting the common interest of both the complainant and the accused and hence giving rise to a qualified privilege. There are several points to notice about...matter of common interest, between the complainant and the accused, relating to the title to property, left by the deceased, the question is can one, under the circumstances of this case, impute, what we...that the expressions contained in the letter, which I have referred to, are altogether too strong for the occasion; that is to say, that if there is any qualified privilege attached to the letter at all...
...if produced would be against the interest of the person who withholds it. As a result of Section 123 no such inference can be drawn against the State if its privilege is upheld. That shows the nature...the principle of the overriding and paramount character of public interest. A valid claim for privilege made under Section 123 proceeds on the basis of the theory that the production of the document...principle be avoided even at the cost of the interest of an individual involved in a particular case. That is why courts are and ought to be vigilant in dealing with a claim of privilege made under...
...would be slanderous or libelous in any one else. The general principle underlying the defence of privilege is the common convenience and welfare of society or the general interest of society. Privilege...defamatory. It is always subject to privileges laid down under common law. 'Privilege' means that a person stands in such relation to the facts of the case that he is justified in saying or writing what...self-protection, (c) for protection of common interest, (d) for public good; and 2) reports of Parliamentary and judicial proceedings, and proceedings at public meetings. Here, statement made in the...
...and defamatory, unless the plaintiff proves express malice. These are, broadly speaking, communications made in the course of legal, judicial or military duty for protection of common interest or for public good and reports of parli...relation to the facts of the case that he is justified in saying or writing what would be slanderous or libellous otherwise. The general principle underlying the defence of privilege is the common...convenience and welfare of the society or the general interest of the society.35. Privilege is of two kinds, absolute and qualified. A statement is absolutely privileged when no action lies...
...defence of privilege is the common convenience and welfare of society or the general interest of society. Privilege is of two kinds: the first is absolute and the second is qualified...absolute privilege.
There are exceptions for construing a particular statement is defamatory. It is always subject to privileges laid down under common law. 'Privilege...is that the act done by the Field Assistant is only during judicial proceedings and such act attached with absolute privilege. Moreover, the petitioner herein is no way connected with the acts done...
...of qualified privilege and communication was made in course of legal duty for common interest. In one case the defendants had posted circulars in such of their office premises as would be frequented by their employees, stat...common interest extends to such communication [Hunt vs Great Northern Rly Co. (1891) 2 QB 189].
"When an occasion of qualified privilege exists...of the building Kamalalaya Centre Pvt. Ltd. on the issues of car parking space, use of common space maintenance of the building. These proved to be detrimental to the existence of the Defendant No. 1...
...privilege .... Public interest seems to be at the basis of all impositions, but in a fee it is some special benefit which the individual receives.”After...Haryana State Agricultural Produce Marketing Board. All these cases have been heard together and are being disposed of by a common judgment.2. In the erstwhile composite State...:“The distinction between a tax and a fee lies primarily in the fact that a tax is levied as a part of a common burden, while a fee is a payment for a special benefit or...
...carries the privilege, and under the traditional common law doctrine there must be a reciprocity of duty and interest: Adam v Ward [1917] AC 309, 334, per Lord Atkinson. The...from the traditional duty-interest concept of qualified privilege. He considered that the established common law approach remained essentially sound. What he proposed, with which the other members of....The defence of qualified privilege, like so many other doctrines of the common law, developed over a period of time, commencing in the 19th century, and is still in the process of...
...Court, said that the distinction between a tax and a fee lies primarily in the fact that a tax is levied as a part of a common burden while a fee is for a special benefit or privilege. Public interest...different laws and that, assimilation of the laws which were in operation in the two parts of the State and bringing them under one common pattern was bound to take some time. It appears that the...purpose — facilitating the early formation of homogeneous units in the larger interest of the Union, and maintaining even while merging its political identity in the new unit, the distinctive character of...
...common interest, that is to say, that it did not matter to them whether the defendant was poisoned or not. Happily this contention appears to be erroneous in law. Statements made to protect the interest of the speaker and s...mentioned his suspicions as this appears the more likely story.At common law it is not actionable to say of a man that you suspect him of a crime, at any rate, in the absence of special...the Privy Council on appeal from the Windward Islands. In Parvathi v. Mannar(4), Sir Charles Turner, C.J and Muttuswami Ayyar, J., held that the common law rule as to special damage being necessary...
...benefit or privilege .... Public interest seems to be at the basis of all impositions, but in a fee it is some special benefit which the individual receives...Estates Abolition Act, 1951, all the right, title and interest of the Zamindar of Rampur in the lands demised to the first petitioner under the second lease vested in Respondent 1, the State of Orissa...national wealth of the Province and their proper administration, including in particular protection against fire, is a matter of high public concern as well as one of particular interest to individuals. In...
...claim of public interest privilege.(Paras 27, 28 and 30...officers and the decisive aspect even under Section 124 is the protection of public interest. Thus, basis for the claim of privilege is and can only be public interest...to a claim for privilege, undoubtedly the ordinary rule of relevancy alone may not suffice as larger public interest may warrant in a given case refusing to legitimise what is forbidden on grounds of...
...published on an occasion of qualified privilege are protected for the common convenience and welfare of the society. It was in the public interest that the rules of our law relating to privilaged..., relating to “Qualified Privilege, Duty and Interest”. Paragraph 442 (Main Classes) which states that such publications can claim only qualified privilege;“The following classes of...know or believe: or on occasions when it is necessary to speak in the protection of some (self or) common interest” In such cases no matter how harsh, hasty, untrue or libellous the publication would...
..., it may be a relationship based on blood or marriage. The common interest, however, must be one which the law recognises and appreciates. A mere gossip attracts no privilege, however interesting it may...defamatory statements even if he cannot prove the truth of his words or prove them to be fair comment. Such protection is recognised in the public interest. This may be either an absolute privilege granting...on the ground that it was in the discharge of a duty or in the furtherance of an interest that they made the statements. That is a claim of qualified privilege which is by its very nature defensible...
...course of such employment. But the question arises, as in this case, whether such privilege can be claimed where two parties had engaged the same lawyer. When parties havinga common interest engagea...course and for the purpose of such employment. But this privilege extends only to all communications between the client and his lawyer in the course of and for the purpose of his professional...court or the authority finds that an examination of the advocate as a witness is indispensable and hence the disengagement of the advocate from the case would not jeopardise the interest of the party...
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19.3 Thus, the doctrine of privilege seeks to relax the principle of strict liability for certain occasions, such as public interest and common convenience and where the welfare...conferred with absolute privilege founded on public interest while conducting proceedings in Court.
(ii) If a lawyer is denuded of this privilege, the administration of...interest. The reason for extending the privilege to judges, lawyers and witnesses during judicial proceedings is to keep the administration of justice free of such constraints...
...observed that the distinction between a tax and a fee lay primarily in the fact that tax was levied as a part of a common burden, while a fee was a payment for a special benefit or privilege. But it...as part of a common burden, without promise of any special advantages to classes of taxpayers whereas a fee is a payment for services rendered, benefit provided or privilege conferred. Compulsion is...was noticed that the special benefit or advantage might be secondary to the primary motive of regulation in the public interest, as for instance in the case of registration fees for documents or...
...their making a statement.30. But the privilege, whether of making a statement to subscribers and advertisers on a matter of common interest or of making a statement in self-defence, was only a qualified ..., nor justify any statement maliciously made. It is quite clear that judged by that test, almost all the offending passages will be found to fall outside the privilege. What was of common interest to...of that duty, were made on a privileged occasion and were therefore protected. An occasion where an interest or duty creates a privilege has been described by Lord Atkinson in Adam v...
...disclosure under any other provision of law. We do not have in India any common law protection under the label of “Crown Privilege” as it was known a decade ago and now called “Public interest...choose their rules and, once the vote is cast, then retiring in passivity and not taking any interest in the Government. Today it is common ground that democracy has a more positive content and its...cover with veil secrecy, the common routine business, is not in the interest of the public. Such secrecy can seldom be legitimately desired. It is generally desired for the purpose of parties and...