...in this country, so far as civil liability for damages for defamatory statements made by parties in pleadings is concerned. There is considerable divergence of judicial opinion upon the question how...far defamatory statements made by parties, or witnesses are privileged in this country. It is unnecessary to consider the question so far as it concerns defamatory statements made by witnesses, the only qu...country is governed by the provisions of Section 499 of the Indian Penal Code, and defamatory statements are punishable unless they fall within one of the exceptions to that section. In making it...

...per se defamatory statements in pleadings, petitions, affidavits etc. of the parties to judicial proceedings constitute offence punishable under Section 500 of IPC unless they fall within the...whether any defamatory allegations made, either in the pleadings or during the course of arguments, before a court of law can form a basis for prosecution for offence of defamation...in rejection of his bail application. 3) It has been alleged in the impugned complaint that in view of the baseless and defamatory allegations levelled by the...

...per se defamatory statements in pleadings, petitions, affidavits etc. of the parties to judicial proceedings constitute offence punishable under Section 500 of IPC unless they fall within the...whether any defamatory allegations made, either in the pleadings or during the course of arguments, before a court of law can form a basis for prosecution for offence of defamation...in rejection of his bail application. 3) It has been alleged in the impugned complaint that in view of the baseless and defamatory allegations levelled by the...

...allegations made in the replication and rejoinder? 3. Whether a party can make defamatory statements in the pleadings and absolve himself from liability for damages by...defamatory statements in the pleadings? 5. Whether the defamatory allegations made in the pleadings against the plaintiff were necessary for determining the ...the defamatory allegations made in the replication and rejoinder but the said suit was withdrawn. In these circumstances, the suit was filed. 5. The defendant Ram...

...the respondent from publishing defamatory statements pending final adjudication in the suit, is still pending The learned counsel emphasizes that the pleadings both as regards the plaint and the interim...This petition is by the plaintiffs in O.S. No.3815/2019 on the file of the XLIV Additional City Civil and Sessions Judge, Bengaluru. The suit in O.S. No.3815/2019 is against the...application are complete, but the application is pending consideration. The respondent, who is a Director of the company, is continuing to post certain defamatory material against the Company and its...

.... Prima facie, these statements in the writ petition filed by the petitioner, are defamatory to the complainant.11. If the pleadings filed in the court contain defamatory ...complainant in the aforesaid writ petition which are extracted in the complaint. Such statements made about the complainant in the writ petition filed by the accused are defamatory and the accused has...Manager of the hotel and made statements defamatory to the complainant to him in front of the staff and the customers of the hotel. The accused told the Manager of the hotel that the complainant is the...

...and the publication of the alleged defamatory statements made by the petitioner. The learned counsel for the petitioner submitted that the pleadings made in all the cases are confidential and since the...of the defamatory statements made by the petitioner.11. In Sandyal v. Bhaba Sundari Debi; 7 Ind. Cas. 803 : 15.... 867 : 12 Ind. Dec. (n.s) 576, held that defamatory statements made in the written statement of a party in a judicial proceedings are not absolutely privileged in this country, and that a qualified...

...Mishra Bura Satria, (1922) 65 Ind Cas 204 contended that defamatory statements made by the parties to suit in pleadings are not absolute privilege. I have already expressed my view...publication. Therefore, per se defamatory statement in pleadings, petition, affidavits etc. of parties to judicial proceedings are offence punishable under Section 500, I.P.C...appearing for the petitioners made multifold submissions one after another as under: (a) That, so called per se defamatory words used in para 16 of the plaint have been used in good...

...for the final outcome of the suit, he can very well approach the criminal court by way of a private complaint seeking to punish the accused for defamatory statements made in the pleadings, provided...complaint against a person alleging that he has made certain imputations in the pleadings before a Civil Court, which are per se defamatory. It is not necessary to wait for the final outcome of the...the averments in the pleadings are totally unconnected to or unwarranted for the issues involved in the civil suit and they are per se defamatory. In any civil proceeding, it is absolutely necessary for...

...defamatory statements made in the pleadings, provided the averments in the pleadings are totally unconnected to or unwarranted for the issues involved in the Civil Suit and they are per s...proceeding has made certain imputations in the pleadings before the Civil Court, which are per se defamatory. I am also clear that the pendency of the said Civil Suit is not an impediment for the...that the statements are defamatory because they are scandalous. In my considered opinion, when the averments are very relevant to the issues involved in the Suit and the Suit is pending, the...

...of the suit, he can very well approach the Criminal Court by way of a private complaint seeking to punish the accused for defamatory statements made in the pleadings, provided the averments in the...pleadings are totally unconnected to or unwarranted for the issues involved in the civil suit and they are per se defamatory. In any civil proceeding, it is absolutely necessary for the party concerned...would be entitled to approach the Criminal Court that the statements are defamatory because they are scandalous. In my considered opinion, when the averments are very relevant to the issues involved in...

...the statements made in pleadings in civil suits cannot be construed as defamatory per se.8. In the considered opinion of the Court, the same analogy would apply to the exchange of l...public and marriage functions, some defamatory statements are levelled against the respondent/private complainant and in the sworn statement also, he has specifically said so and it was also supported by...contents of the reply notice sent to the legal notice sent on behalf of the private complainant cannot be construed as defamatory statement and that the other allegations that in public functions and...

...- certain averments which, according to the appellant-plaintiff, are defamatory in nature. 7. The Trial Court, in paragraph no.22 of the impugned judgment and...failed to produce any evidence to demonstrate that the alleged defamatory statements were communicated to a third party, and in the absence of such proof, no civil action for defamation can be...when compared to Prof. Imtiaz Ahmad (supra), where the impugned remarks were not deemed defamatory. However, beyond asserting the greater intensity of the alleged defamatory statements in...

...learned Single Judge in para 31 of the impugned order is set aside. 17. But that would make no difference to the pleadings in the replication, because we find that the actionable ...reference made in the pleadings in the plaint, it would be a case of repeat of the same statements albeit with a word here or there being different in the replication. It would be a case of a re-publicatio..., where in the plaint the defamatory statement first made is reproduced with the date given when it was further made with pleadings that the defamatory statements were...

.... 17. But that would make no difference to the pleadings in the replication, because we find that the actionable defamatory statements attributed to the appellant have...been succinctly pleaded in the plaint, and in the replication with reference to the documents filed along with the plaint and reference made in the pleadings in the plaint, it would be a case of repeat of ...Government of NCT of Delhi on December 15, 2015, a malicious propaganda of disseminating false information was orchestrated in which the defendants made statements which are defamatory of the plaintiff...

...image of respondent No. 1 before the courts by averting that she has demanded huge sum of money for settlement. The petitioners have always made highly defamatory false statements. In the present...proceedings, can be quoted out of context and used for filing a complaint for defamation. Any averment made in judicial records containing defamatory statements, amounts to publication as the judicial records...trial court in view of the following defamatory statements made by the petitioners and other co-accused:a) Illicit relation of respondent No. 1 with Mr. Aldaan Rajan Sharma for which reason...

...defamatory statements against the 2ndrespondent herein in his pleadings filed before Munsiff's Court, Ernakulam as well as before the District Court, Ernakulam, wherein civil litigations were...Club. It is submitted that the offences would not lie at least against petitioners 3 to 16 herein because they were not party to the civil dispute wherein the alleged defamatory statements were made. Therefore, it is submitted that ...as before the District Court, Ernakulam, wherein civil litigations were going on between the Club and the 2ndrespondent herein, there are defamatory statements. When petitioners 3 to 16 are...

...statements made against the plaintiff by the defendants in their written statement in a suit was under consideration. The suit was found to be maintainable and damages were awarded. In appeal, the Division Bench ha...been codified in the Penal Code, 1860, 2005 the civil defamation part is yet to be codified. According to him, both the civil proceedings for damages caused due to defamatory statements and criminal...sought a decree of Rs. 10 crores against the defendant. The cause of action of the plaintiff is based on the statements claimed to be defamatory in nature, made by the defendant in a proceeding in...

...defamatory statements made in the pleadings. The learned counsel has further relied on several judgments of this court, other High Courts as well as the Supreme Court in...and Sushma Rani v. H.N. Nagaraja Rao . 1913 to contend that pleadings in a court amount to publication and can be per se defamatory...requires consideration of the pleadings, issues and decision in the previous suit, such a plea will be beyond the scope of Order 7 Rule 11(d), where only the statements in the plaint will have to be...

...substantiate his pleadings. It is further to be noted that to establish the alleged defamatory statements in front of the relatives and friends, none of them has been examined. Even from the pleadings of t...plaint, it could be seen that the plaintiff in fact was in the habit of going to the Police Station and make the compromise in money claim between the parties. The pleadings in the plaint clearly...the alleged false complaints made by the defendants, no documents whatsoever were filed to claim the damages for making such defamatory allegations. In the absence of proof of malice and wrongful act...