...further, he has drawn my attention to the following passage from “Winfield on Tort, 7th Edition, page 583”;“Slander Actionable per se:The exceptional cases in which...slander is actionable without proof of special damage are:1. “Imputation of a criminal offence punishable with imprisonment, but this does not include an offence for which imprisonment may...India in saying that the mere presentation of a false complaint which first seeks to set the criminal law in motion will per so found an action for damages for malicious prosecution...

...made in the plaint do not make out a case of slander actionable per se. According to Mr. Deb, on the basis of those slanderous statements right to sue for damages accrues only on sufferance of a special...Limitation Act, 1963, in this type of cases limitation should run from the very date of utterance because the allegations as made in the plaint, if treated to be true, are actionable per se...patients of money and should be debarred from practicing medicine are all actionable per se without the proof of special damage and the right to sue accrues immediately on utterance of the words...

...Edition, page 583" : "Slander Actionable per se : The exceptional cases in which slander is actionable without proof of special damage are : 1...that the mere presentation of a false complaint which first seeks to set the criminal law in motion will per se found an action for damages for malicious prosecution...reasonable and probable cause is actionable in tort on proof of damage either to his reputation or to his property............. In Clerk and Lindsell on Tort, 7th Edition, at page 637...

...from their use.14. Under Indian Law, the common law rule that slander is not actionable per se has not been followed. Both libel and slander are criminal offences under...humiliation, ridicule or contempt.31. It is now well settled law that in the following cases, slander is actionable per se without proof of special damages:—a) An...defamation may be committed either by way of writing, which is referred to as “Libel” or by way of speech, which is referred to as “Slander”.13. Under English Law, it must be proved that the...

...common experience of mankind.The distinction between slander being actionable per se in certain cases and not being actionable in other cases without proof of special damage has not...persons in the court room.It has been contended that the words were not uttered with any malicious intent, that they were not actionable per se and that the defendant in his capacity of...personal insult in civil liability, the law of British India recognizes personal insult conveyed by abusive language as actionable per se without proof of special or actual damage.(2) That...

...failing to prove the special damage he has laid, unless the special damage is the gist of the action. Thus, in an action of slander of words; actionable ‘per se’, when the plaintiff lays special damages..., and fails to prove it, he is nevertheless entitled to such damages as the jury think right to give him. It would be otherwise if the words were not actionable ‘per se’. In the present case, the gist...of the action is not the special damage, but the unlawful attachment; and the plaintiff would not have been precluded from recovering ordinary damages for that actionable wrong, even if he had wholly...

...is actionable per se without proof of special damages:-a) An imputation that the plaintiff has committed a criminal offence;b) An imputation that the plaintiff suffers...' products defamatory per se?2. Did the plaintiffs suffer loss and damage of their business and reputation for the alleged defamatory statements made by the defendant?3. Are the...plaintiffs. Since such words are per se libellous the plaintiffs are entitled to general damages. The plaintiffs not having pleaded and proved special damages are not claiming the same...

...which no action lies without proof of special damage:—In such cases damage is said to be the gist of the action, as in slander not actionable per se, negligence in cases where there is no absolute duty to...

...to England, make the accusation actionable per se without proof of special damage.Now, in answering that question we can get little help from English cases. On the contrary some of the older cases on ...Justice Bowen says in Ratcliffe v. Evans (p. 531):—“From libels and slanders actionable per se, we pass to the case of slander not actionable per se, where actual damage do...in his case, and hold that in India, as opposed to England, the above words were actionable per se without proof of special damage, as they imputed the commission of a criminal offence punishable with...

...nothing new in the product of the respondent as it also contains Niacinamide and therefore, tends to mislead the public. Slander of goods is actionable per se and damage is to be presumed. The use of...advertisement through television channels. The advertisement on the satellite channels tends to slander the petitioner's goods. The products of both the petitioner and the respondent is in the same...products both of the petitioner and the respondent contain Niacinamide. The “innuendo” that the fairness cream of others works on the surface (jaise ye kaam kare sirf upar se) shows the petitioner's...

...damage. He still had the right to resort to and recover general damages, for the law presumes that the publication of a libel or slander which is actionable per se has of itself a natural and necessary...seriously argued that, however defamatory the statements contained in the complaint addressed to the Magistrate on 9th February 1922, it could in law constitute an actionable wrong. But what was..., of which the plaintiff complains, contains an imputation of the offense of dacoity, and is thus defamatory of the plaintiff's character. It was, therefore a libel or a slander, and it was not the less...

...prove the special damage he has laid, unless special damage is the gist of the action. Thus in an action of slander for words actionable ‘per se’, when the plaintiff lays special damages, and fails to...prove it, he is nevertheless entitled to such damages as the jury think right to give him. It would be otherwise, if the words were not actionable ‘per se’.”20. In the case before them...one relating to damages. The plaintiff has claimed Rs. 4800/- as damages at Rs. 3/- per C. ft. on 1600 C. ft. of teakwood logs which he had contracted to supply to Puttappa, P.W 5; Rs. 2000./- as being...

... accusation of a crime would have amounted to slander actionable per se, there was “scandal” in being prosecuted for it. At that time riot did not fall into that category...its retention as “necessary in the public interest” – per Lord Dyson at para 108 of Jones v Kaney. The policy reasons for immunity from liability for...QB 255, 264, per Kelly CB. The immunity extends also to claims made against witnesses for things said or done by them in the ordinary course of such...

...regarded so seriously in England that it is actionable per se in civil cases for slander. I have yet to learn that the people of India, taken as a whole, value the chastity of their women any less highly...

...in actions of slander for words which are actionable per se it is not necessary for the plaintiff to allege in his statement of claim that he has suffered special damage. If, however, in such actions...publication of a libel or a slander which is actionable per se has of itself a natural and necessary tendency to injure the plaintiff.”Again, at page 510:—“The fact...to show, that the complainant had the reputation of being a bribe-taker. The learned Judge in that case relied upon Scott v. Sampson and Odgers on Libel and Slander, 5th edition, for...

...people to believe anything they see in print. In general slander is actionable only on proof of special damage, but in exceptional cases slander is actionable per se or without proof of special da...or the slander must come within the serious classes of cases in which it is actionable per se.Defences: With the proof of publication of defamatory material, plaintiff must be deemed to...at the trial.In India, if words have been proved to be defamatory of the plaintiff, general damages will always be presumed since all defamatory words are actionable per-se. Whether...

...cannot indulge in denigration and slander of another trader's product. Thus, while a comparative advertisement would not be actionable per se, the law prohibits the person to denigrate another's products...to be granted to the plaintiff.9. The question that requires to be examined is - whether, in fact, there is any disparagement or slander of the plaintiffs product either specifically or...would eventually have to do and, that is, to employ the test of an ‘average person with imperfect recollection’ and construe the impugned advertisement. The issue of slander of goods and disparaging...

...is actionable per se the law presumes that some damage will flow from it; for the publication of a slander to be actionable, on the other hand, some special damage must be proved to flow from it...libel; if in some transient form, it is slander. The distinction between libel and slander is that libel is actionable per se the law presumes that some damage will flow from it; for the publication of a ...of Asian Paints for 1999-2000 lists 131 names who were in receipt of remuneration of not less than Rs. 6,00,000 per year (or Rs. 50,000 per month).Sundaram has no compunction in...

....iv) In case of slander, either there must be proof of special damage or the slander must come within the serious classes of cases in which it is actionable per se.21. In or...the eyes of persons who have come to know about such allegations. It was further stated by the plaintiff that the above statement made in the written statement was per se defamatory and they were...making such allegation against the plaintiff. On the other hand, as per the stand of the defendants, they never intended to make such allegations imputing doubt regarding the moral character of the...

...damage or the slander must come within the serious classes of cases in which it is actionable per se. 21. In order to find out whether a...the ground that the burden of proof is upon the person who brings a claim before the Court and in the case of an actionable libel, the burden of proving malice on the part of the defendants in...an issue as to whether the defendants prove that the articles published by them was based on information procured lawfully. 5. Per contra, the learned counsel for the...