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Page-9 of Archives: April, 2013

Justification of Truth

The justification of truth is a recognised defence in the law of defamation, which permits a defendant to escape liability if the defamatory statement made about the plaintiff...

April 23, 2013

What are the defences generally taken in an action of defamation?

The following are the defences generally taken in an action of defamation :- (i) justification of truth, (ii) fair and bona fide comment, (iii) privileged statement, and (iv)...

April 23, 2013

Privileged statement

A privileged statement refers to a communication that is protected by law from being used as the basis for a defamation claim or other legal liability. The concept...

April 23, 2013

Under what circumstances is slander actionable per se?

–  Exceptional cases when slander is actionably per se (i.e. without proof of special damage) are the following—-  (i) imputation of a criminal offence punishable with imprisonment. (ii)...

April 23, 2013

Is private reputation of a human being well protected under the law?

Every man has a right to have his reputation preserved inviolate. This right of reputation is acknowledged as an inherent personal right of every person as part of...

April 23, 2013

When can a defendant take the plea of innocence?

–  According to the defamation act, 1952, a defendant can take the plea of innocence only, if (i) the words published by him were not defamatory on the...

April 23, 2013

Discuss the meaning of the term the words must be published.

–   Everything printed or written, which reflected on the character of another and published without, lawful jurisdiction or excuse is libel. Defamation is publication of the communication there...

April 23, 2013

Write briefly that liability for defamation depends on facts of defamation rather on intention of the defendant to defame.

– In order to be defamatory of the plaintiff, the words (or article) must contain something which to the mind of a reader with knowledge of the relevant...

April 23, 2013

Innuendo

In legal terminology, particularly within the law of defamation, the term “innuendo” refers to a hidden, indirect, or implied meaning of words or statements which appear innocent on...

April 23, 2013

What is the test of defamatory nature of statement?

 The test of defamatory nature of statement is that its tendency is to excite against the plaintiff the adverse opinion or feeling of other persons, the typical form...

April 23, 2013

Discuss the meaning of the expression that the words must be defamatory?

One of the essentials of defamation is that the words must be defamatory. The words should tend to lower a person in the estimation of other persons or...

April 23, 2013

When and under what circumstances are special damages awarded by the court?

 Apart from general damages for injury to reputation, special damages in the strict sense of the term may be awarded, if expressly claimed in respect of and material...

April 23, 2013