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Jan 3, 2023 · This part focuses on the situation when the plaintiff dies in a civil action for defamation. It also provides for the remedies that are available to the Legal Representatives of the Deceased Plaintiff. Civil Suit for Defamation-Plaintiff died; Can his Legal Representatives continue the suit. When a party to a suit dies, the first question to be ...
Feb 21, 2021 · In a case filed by Babuji Shah, purported son of Gangubai Kathiawadi seeking injunction against authors of the novel ‘The Mafia Queens of Mumbai’ to restrain them from publishing, selling or creating third party rights on their novel, as well as to injunct Bhansali Productions from producing the film “Gangubai Kathawadi” or airing any ...
- Part 1: Introduction
- Part 2: Traditional Rationales Against Liability For Defamation of The Dead
- Legislative Position of Liability For Defamation of The Dead in India
- Judicial Decisions on Liability For Defamation of The Dead
- Suggestions
This project aims to study the article “Dead but Not Forgotten: Proposals for Imposing Liability for Defamation of the Dead” by Lisa Brown and give an Indian perspective of the issue. Modern civil law is characterised by its dynamic interpretation and application. But the archaic principle against liability for defamation of dead people has defied ...
A. Bases of Actions for Defamation of the Living
Reputation is considered a valuable asset by the society, hence civil action is provided as a remedy for false and defamatory statements that damage a person’s standing in the society. To establish a defendant’s liability for defamation, a plaintiff generally must prove four elements: 1) There was a “publication” by the defendant of a false statement of fact 2) the statement was clearly “of and concerning” the plaintiff, 3) The statement impaired or destroyed the plaintiff’s standing in the c...
B. Historical Rejection of Actions for Defamation of the Dead
Courts rely on three primary rationales in rejecting causes of action for defamation of the dead: (1) The cause of action for defamation is a personal one that does not survive death. (2) The boundaries of such a cause of action would be difficult to ascertain. (3) Allowing a cause of action for defamation of the dead would hamper historical research. These reasons have led most courts to believe that cases for defamation of the dead are complicated and ungainly, and not worthy of critical st...
There are no specific legislations regarding defamation in India. However, since defamation is a civil as well as criminal offense, it is governed by the provisions of the Indian Penal code 1860. Section 499 of the Indian Penal Code defines defamation as, ‘whoever, by words either spoken or intended to be read, or by signs or by visible, representa...
Courts in India do not impose liability for defamation of the dead. One of the best comments on this issue was given by honourable Justice R Basant in the landmark case Raju vs Chacko on 5 September, 2005 (Equivalent citations: 2005 (4) KLT 197) “A claim for compensation for defamation under the civil law may not be maintainable in respect of defam...
A. Modern Remedies in Lieu of a Cause of Action for Defamation of the Dead
Since courts today are not willing to impose liability for defamation of the dead, plaintiffs bringing action for the same have the option of 3 remedies available – (1) Damages for emotional harms suffered because of the publication. (2) Damages for financial losses resulting from the publication. (3) A judicial declaration that the defamatory statement is false. The plaintiff’s odds of being successful in each of these remedies is discussed in this part. This analysis further brings to light...
B. Legislative Solutions for Defamation of the Dead
The defamation of the dead is considered a very serious issue by some citizens and legislators, who still try to change the ancient rule through legislation, not deterred by the failed attempts to do the same in the past, such as in New York. This Part debates various conceivable legislative solutions to the issue. It further emphasises the need to balance between freedom of speech and protection of individual rights, along with the appropriate relief. This section further independently analy...
Delhi High Court Sh. Raghu Nath Pandey And Anr. vs Sh. Bobby Bedi And Ors. on 22 February, 2006 Author: A Sikri Bench: A Sikri JUDGMENT A.K. Sikri, J. Page 1236 1. Mangal Pandey, though the first martyr of freedom struggle of India of 1857, but lesser known earlier, is a household name today. It was a name known to the students of history earlier.
Mar 4, 2022 · Introduction. The pertinence of an awful person has been clarified under Sec. 53, Sec. 53A, and Sec. 54 of the Indian Evidence Act, 1872. Sec. 53 clarifies about the individual blamed for a great person is unessential.
It also lays down two exceptions where bad character evidence is relevant: Where bad character of any person is itself the fact in issue. A previous conviction is relevant in evidence of bad character. In order to analyse the first exception, the case of Sh.Raghu Nath Pandey And Anr. vs Sh. Bobby Bedi and Ors.
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Dec 7, 2019 · Phoolan wasn’t the only one to protest. In her review of the film, Arundhati Roy critiqued Shekhar Kapur and producer Bobby Bedi’s complete disregard for Phoolan’s agency as a person to have a say in her portrayal in the film.
