Permanent injunction restraining the defendant not to publish or telecast defamatory news
Citation
CDJ 2019 Kar HC 179
Head note
Constitution of India - Article 226, Article 277 - Code of Civil Procedure, 1908 - Order XXXIX Rules 1 and 2 – Injunction – Defamatory news - Plaintiff filed application under Order XXXIX Rules 1 & 2 of CPC for order of temporary injunction restraining Defendants from telecasting, transmitting, publishing, distributing, sharing any material with the print media, newspaper, TV channels, local cable operators etc., any false, malicious, defamatory and derogatory news concerning to Plaintiff directly or indirectly - Petitioner assailed interim order passed by City Civil Judge –
Court held - Trial Judge had restrained Defendants from making 'defamatory statements' against Plaintiff - What was 'defamatory' could be tested and decided only if act of making statement or telecasting program was challenged by aggrieved person before appropriate forum - Therefore, Defendants were not prevented from publishing or telecasting any news item which was not defamatory in their opinion - Petition disposed.
(Para 15,16)
Cases Referred:
Shalini Shyam Shetty and another Vs. Rajendra Shankar Patil [(2010) 8 SCC 329]
State Through Special Cell, New Delhi [(2003) 6 SCC 641]
R.Rajagopal alias R.R.Gopal and another [(1994)6 SCC 632]
WP No.15399/2019 Brij Bhushan and another Vs. State of Delhi [AIR 1950 SC 129]
A.K.Subbaiah Vs. B.N.Garudachar [ILR 1987 KAR 100]
Magna Publishers Co. Ltd., and others Vs. Shilpa S.Shetty [(2007)12 SCC 792]
Radhey Shyam and another Vs. Chhabi Nath and others[(2015)5 SCC 423] WP No.15399/2019
Court held - Trial Judge had restrained Defendants from making 'defamatory statements' against Plaintiff - What was 'defamatory' could be tested and decided only if act of making statement or telecasting program was challenged by aggrieved person before appropriate forum - Therefore, Defendants were not prevented from publishing or telecasting any news item which was not defamatory in their opinion - Petition disposed.
(Para 15,16)
Cases Referred:
Shalini Shyam Shetty and another Vs. Rajendra Shankar Patil [(2010) 8 SCC 329]
State Through Special Cell, New Delhi [(2003) 6 SCC 641]
R.Rajagopal alias R.R.Gopal and another [(1994)6 SCC 632]
WP No.15399/2019 Brij Bhushan and another Vs. State of Delhi [AIR 1950 SC 129]
A.K.Subbaiah Vs. B.N.Garudachar [ILR 1987 KAR 100]
Magna Publishers Co. Ltd., and others Vs. Shilpa S.Shetty [(2007)12 SCC 792]
Radhey Shyam and another Vs. Chhabi Nath and others[(2015)5 SCC 423] WP No.15399/2019
#injunction
#defamation
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