...occasion. In certain circumstances it is excusable to publish matter which is defamatory. Such excuse is termed privilege. Privilege is of two kinds : (i) absolute (ii) qualified. If the occasion is one of absolute ...privilege may be defeated by proof of malice. If the maker of the statement is actuated by malice he forfeits this protection of the shield of qualified privilege. The right of free speech is allowed wholly to prevail over ...not expressly enacted.14. As early as 1953 the Supreme Court ruled that in criminal proceedings of defamation the witnesses can claim only qualified privilege and not absolute privilege. In B...

..., the person making it has the right to make it if he honestly believes it and the person receiving it has the duty to receive it; but, qualified privilege, as the term indicates, provides only a qualified protection, and, ...complaint in good faith to police, but was found to be false, was held not liable for defamation Kanhaiya Lal, J.C, sitting singly, held that to such a statement a qualified privilege attaches..., for making a private enquiry into the matter, was i, not a case of absolute privilege, but, at best, a case of qualified privilege.62. In Lincoln v. Daniels, (1960) 3 All ER 205; Q.B.D, Sal...

...Justification, Fair Comment, Absolute Privilege, Qualified Privilege etc.28. Absolute Privilege is a special defence available in an action for defamation under the common law which has...the General Council of the Bar concerning the conduct of a member of the Bar are protected in proceedings for defamation by qualified privilege, but not by Absolute Privilege, since that body have no...since the statements made by the defendants in the affidavits are covered under the defence of Absolute Privilege, thus, they are immune from action for defamation and consequently, suit is liable to...

...immunity to the defendants from not being proceed with defamation. 2. Law makes a difference between absolute privilege and qualified privilege. Whether the case falls...the course of proceedings, the party is entitled to absolute privilege. 4. Further, Mr.Justice D.Bharatha Chakravarthy in C.R.P.(MD...

...privilege, as the term indicates, provides only a qualified protection and the person charged with the defamation must prove that he used the privilege honestly, honestly believing in the truth of what he...Act. 3. There are two kinds of privileges, absolute privilege and qualified privilege. It is perhaps desirable to say a word about the latter, although in this particular case it...qualified privilege where the defendant sets up in defence that the allegation is true to his own knowledge, the defence of qualified privilege becomes illogical and impossible. That may be the reason...

...while dealing with the section on qualified privilege under the chapter on Defamation that on an occasion of qualified privilege a person is entitled to make defamatory statements about another provided...& Jolowicz on Tort (17 Edition) in the section dealing with defences to defamation and under the head “Qualified Privilege at Common Law” have authored that the common law confers qualified privilege...Lawrence Frakes v. Crete Carrier Corporation held that a qualified privilege extends to any communication by an employer about an employee made to a person having a corresponding interest or duty in the subject matt...

...immunity or absolute privilege and if not in any event, on account of a defeasible immunity or qualified privilege attaching to the alleged defamation by reason of the occasion of the publication by...come only under the head of qualified privilege. 22. Coming to the Indian decisions, a distinction is drawn between an action for defamation in a Civil Court and a criminal.... Krishnamachari their legal adviser. He thought that in view of his finding as to the absolute privilege, the issue as to qualified privilege did not arise; however he was inclined to think that the...

... 19.1 As regards the defence of privilege, it is of two kinds: qualified and absolute privilege. Qualified privilege ring-fences a defendant from a ...-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...is properly exercised in performing legal or moral duties. Qualified privilege is also termed as conditional privilege. It occupies the space between two extremities, i.e., total absence of privilege...

...the qualified privilege.9. There is no claim for absolute privilege by the defendants. Their claim is only of qualified privilege. In ...their debates, and also for communication between officers of the State in relation to State affairs.10. In the case of qualified privilege it is for the person charged with defamation to...corruption at various hospital offices and he claimed qualified privilege for his statements. The defendants 2 to 4 also filed written statement contending that the publication was made after formal enquiry...

...amount to defamation. I understand the submission to mean that even though the imputation is defamatory, no action for defamation would lie, because the Government has absolute or qualified privilege. I am not in t...its subordinates for the purpose of protecting its own interests can amount to defamation. But even if it does, it is quite obvious that the petitioner's remedy does not lie in...which may be proper, necessary, and essential to his carrying out to a successful conclusion the purposes above mentioned ………. In the privilege of pursuing an ordinary calling or trade, and of...

...witness under the English Law has been reduced to a qualified privilege But in civil defamation, there being no statute or code governing the law of torts, the principles of the English Law, which are based...and defamatory statement against the counsel loses his privilege as a witness and becomes liable to pay damages for defamation. On the other hand counsel for the respondent contended that the statement...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...

...defendant was entitled to protection against the charge of defamation under the principle of “qualified privilege”.11. The Court of appeal exonerated the defendant on another ground, which...the defendant's instance; and that the defendant's observation in Ext. 4 that the plaintiff was a man of goonda class amounted to defamation of the plaintiff. The plaintiff claimed Rs. 150/- towards...defamation in a case of a libel. In the circumstances, though for different reasons, I agree with the holding of the appellate court that the plaintiff is entitled to no compensation. The appeal is dismissed...

...privilege or it may be a case of a qualified privilege; whether the contents of the defamation alleged by the plaintiff in terms of his claim in para 1 and para 11 supra are covered by an absolute ...or by a qualified privilege cannot straightway be decided or deciphered from a plain reading of the plaint; this would be mixed question of law and fact.12. The law on defamation is...submission is that the question as to whether his averments in the plaint are instances of an absolute privilege or a qualified privilege is a defence which is sought to be set up by the defendant and...

...KLT 378).7. As mentioned earlier the English Common law doctrine of privilege is a defence available in a suit for compensation for defamation under the Law of Torts. Privilege is of...two kinds-absolute and qualified. In cases of qualified privilege it is the occasion which protects the man who speaks out his mind fully and frankly without any fear of consequences. No action under...cannot enjoy the status of absolute privilege.8. In cases of qualified privilege, it is not enough if the plaintiff shows that the offending statement was false and defamatory, but the...

...motive is necessary in respect of certain torts and may negative a defence of qualified privilege in respect of defamation, but this is not peculiar to public authorities. There exists an independent...

...the trend of judicial opinion in this Court is decidedly in favour of the view that in cases of criminal prosecution for defamation the Court is bound to apply the rule of qualified privilege enunciated...or based on grounds of public policy. Consequently, a person in such a position is entitled only to the benefit of the qualified privilege mentioned in sec. 499, I.P.C(2) If a party to a judicial proceeding is sued in...is bound to apply the rule of qualified privilege enunciated in sec. 499. Beachcroft, J., was, however, inclined to the opinion that even in civil cases, the same restricted rule should be applied as...

...on the point of maintainability. In the said petition, amongst others, it was stated that the defendants had a right to be exempted from the suit under the defence of qualified privilege available in cases of tort involving ...evidence and whether the defence of qualified privilege is available are matter of facts and not a question of law. Hence, it was prayed for dismissing the petition.5. The learned trial..., being not applicable to India, presumption of ‘absolute privilege’ cannot be made outside the scope of the provisions of the Evidence Act by referring to English law on defamation. For the foregoing...

...making it has a right to make it if he honestly believes it, and the person receiving it has a duty to receive it; but qualified privilege, as the term indicates, provides only a qualified protection, and the person charged..., I.P.C, grants only a qualified privilege to the accused person. If a party is within the recognized limits he is safe. If, however, his statements are reckless, malicious or false, he places himself...liability of a person arising from defamation is to be determined by tests and standards different from these which are acceptable to the criminal Courts, and the extent of the privilege which may be...

...absolute privilege and qualified privilege and also considered the question of malice and the assessment regarding damages and observed as follows:“The occasion of absolute privilege as defence to a...carefully with respect to the means by which he states it. Qualified privilege exists when the defendant is exempted from the rule of strict liability for defamation not absolutely, but only...court. Further the report was published in good faith and in public interest without malice and the statement was covered by qualified privilege. The news item was gathered from reliable sources and...