CiteTEXT
...for public benefit. The publishers of the newspaper are entitled to make fair comments. The doctrine of fair comment is based on the hypothesis that the publication in question is one which, broadly...case of this nature if She contents of the news item published in the newspaper are slightly exaggerated it does not make the comment unfair so long as what is expressed therein is materially true and...substantially true and that the comment made baaing on the facts, is supported by good faith. Tha Supreme Court in H. Singh v. State of Punjab (A.I.R 1966 S.C 97) considered...
...circumstances the allegations made in the news items aforesaid would fall within the category of fair comment and would be protected.15. The doctrine of fair comment is based on the hypothe...in the said issues were made in good faith and in the public interest and were, therefore, justified as fair comment in relation to the conduct of a public servant.7. We may here make...the public interest. In England the law of fair comment has been stated thus:“The defence of fair comment requires that the material fact or facts on which the comment or criticism is...
...Laws of England, Third Edition, Volume 24, it is mentioned as follows:“The doctrine of fair comment is based on the hypothesis that publication in question is one which broadly speaking...upon the Journalist to disseminate the news and views fully and truly on a matter effecting the public good. Even if there be some exaggeration or unfair comment that may not amount to defamation as...were highlighted, served no other purpose, but to allege that Shri. Banwarilal Agrawal was also involved in the corruption. This part of the publication is neither for the public good nor is a fair...
...proved literally. It is sufficient to show that the imputation is true in substance or is substantially true. The doctrine of fair comment is based on the hypothesis that the publication is broadly true...that the publication of the imputations can be justified as expression of fair comment. Those decisions considered the application of the first and third Exceptions. In this case, there is no scope for...in fact and is not made to satisfy any personal vendetta. “The defence of fair comment, requires that the meterial fact or facts on which the comment or criticism is based shall be truly stated and be...
.... The doctrine of “fair comment” encompasses that if a publication which broadly speaking true in fact and not made to satisfy any personal agenda or vendetta would seemingly be protected.” (Emphasis...Vallabhbhai Patel and Dr. Shyama Prasad Mukherjee. In this regard I would not comment much in detail on the contents of the banning order and the letters as, if ultimately this Court dismisses the present...
...subject. The petitioners seek to invoke Third and Ninth Exceptions to S. 499. Exception Third embodies the doctrine of fair comment. Where a writer makes the public conduct of a public man the subject of...criticism cannot be justified on the ground of fair comment, the moment it is shown that the criticism is based upon a misstatement of facts. Whether or not it is for public good, is question of fact.... He said the team had gone to check the distribution at fair price shops in the Laxmibai Nagar area.”4. On 6-11-1981 the respondent instituted a complaint against S/Shri Ram Nath Goenka...
...material which if not even entirely true is near to the truth and inference as truthful as the truth itself; cannot be termed to be defamatory. The doctrine of "fair comment" encompasses that if a...tendencies-a telling and a cynical comment on the prevailing situation by the author. Such an article can hardly be termed to be scandalous unless a hypocritical society wants to turn a Nelson's eye...
...papers in respect of the publication of news item as also cases relating to the doctrine of fair comment. Without entering into a detailed discussion of these cases, I may sum up as follows the principles..., besides relying upon the truth of the allegations and that the publication was for the public good, he relied upon the principle relating to fair comment. Reference was also made to a journalist's....”(3) The defence of fair comment applies only to expressions of opinion or imputations on character and not to assertion of facts. If the aspertions of facts are in themselves defamatory they...
...benefit. The doctrine of fair comment is based on the hypothesis that the publication in question is one which broadly speaking, is true in fact and is not made to satisfy a personal vendetta and that...were fair comments. On or about 5 April, 1994, the de facto complainant filed a complaint in the Court of the learned Additional Chief Metropolitan Magistrate alleging that being Ex-Mayor and Ex. M.P...of Court and it requires to be quashed. The news item was not published with any malice and it was a case of fair reporting. He contended that members of a clan or followers are not at all aggrieved...
...Court in 2007(4) RCR(Crl)6 Aroon Purie Vs. State of Haryana held that the doctrine of "fair comment" encompasses that if a...comment on the allegations levelled by respondent No. 2 and record a final opinion whether these allegations do constitute defamation. Reading the complaint as a whole, we find it difficult to hold...
...invokes the aid of the doctrine that no action lies, if he can prove that the words complained of are a fair comment on a matter of public interest, the defence is applicable only to expressions of opinion...matters of opinion, are they fair comment on a matter of public interest?v. Were the alleged libels or any of them published on a privileged occasion?vi. If so, were they...him in his office, profession or trade”.Before we proceed to deal with the question of fair comment, we may here refer parenthetically to a matter of procedure which was raised in the...
...reiterating that the allegations made against the Plaintiff are defamatory in nature. Further, according to the Plaintiff, the intention of the Defendants is not to make any fair comment on the...never attacked the Plaintiff personally or caused injury to him and that the said article is a fair comment on the poor performance of a 50 years old reputed Company that pioneered the production of...30.11.2000 amount to libel or it is a fair comment that are true in substance and in fact, the opinion or comment expressed regarding the performance of the companies was done in good faith based on...
...way of comment. So far as that somebody else has had a fair and reasonable opportunity to see, comment and criticise the evidence, the tests of doctrine aforesaid stands satisfied...placed on evidence or record against a person then that evidence or record must be placed before him for his information, comment and criticism. It is all that is meant by the doctrine of audi alteram...Article 22 of the Constitution of India. The doctrine audi alteram partem has to come into play which means that no man should be condemned unheard. A part of...
...the action is. This contrasts sharply with the defence of truth, fair comment or qualified privilege, where motive plays a significant role. If the plaintiff is able to establish that the defamatory statement was made with malice, t...-established that, broadly, the following defences are available to the defendant in a defamation action: truth, fair comment, and privilege. Truth or justification can provide a complete defence. The...defendant is required to establish that the statement made was substantially true. Insofar as fair comment is concerned, which is a defence ordinarily set up by publications, journalists and opinion-makers...
...entitled to make fair comments. The doctrine of fair comment is based on the hypotheses that the publication in question is one which, broadly speaking, is true in fact and is not made to satisfy a personal...in the newspaper are slightly exaggerated it does not make the comment unfair so long as what is expressed therein is materially true and for public benefit. The publishers of the newspaper are... v. Johnson, 1969 Ker LT 597 that the important ingredient of the 9th exception to S.499, I.P.C. is that the report made is substantially true and that the comment made...
...entitled to make fair comments. The doctrine of fair comment is based on the hypotheses that the publication in question is one which, broadly speaking, is true in fact and is not made to satisfy a personal...in the newspaper are slightly exaggerated it does not make the comment unfair so long as what is expressed therein is materially true and for public benefit. The publishers of the newspaper are... v. Johnson, 1969 Ker LT 597 that the important ingredient of the 9th exception to S.499, I.P.C. is that the report made is substantially true and that the comment made...
...what is expressed therein is materially true and for public benefit. The publishers of the newspaper are entitled to make fair comments. The doctrine of fair comment is based on the hypotheses that the...High Court held as under:“7. In case of this nature if the contents of the news item published in the newspaper are slightly exaggerated it does not make the comment unfair so long as...9th exception to S.499, I.P.C is that the report made is substantially true and that the comment made basing on the facts, is supported by good faith.”24. The learned Counsel for the...
...and that the doctrine of legitimate expectation is to be confined mostly to right of a fair hearing before a decision which results in negativing a promise or withdrawing an undertaking is taken. The...Government is expected to be just and fair to one and all.(7) The three big manufacturers M/s H.D.C, Mukand and Bhartiya should be allotted the quantities as per the...healthy standards and norms. Such actions should not be arbitrary, irrational or irrelevant. In the matter of awarding contracts inviting tenders is considered to be one of the fair ways. If there are any...
...reasons for withdrawal and the opportunity to comment on such reasons.16. It may be indicated here that the doctrine of ‘legitimate expectation’ imposes...the Constitution and the doctrine of equality enshrined in Articles 14 and 16 and are paid salaries and allowances from the Consolidated Fund of India. The second category comprises of the persons...for 10 to 20 years and fulfil the conditions of eligibility prescribed for direct recruitment.40. Shri Gupta invoked the doctrine of legitimate expectation and argued that...
...was given reasons for withdrawal and the opportunity to comment on such reasons.16. It may be indicated here that the doctrine of ‘legitimate expectation’ imposes in....4. The petitioners, therefore, contend that such notification falls foul of the Doctrine of Non - Retrogression since the right which was being bestowed from the year 2005, instead of progressing...arbitrariness and non-application of mind.The said portion of the impugned notification falls foul of the doctrine of “non-retrogression” as discussed in the matter of...