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pratik   06 March 2011 at 20:31

Defamation

1)It has been said that any government, local authority governor by the aid of government or not,other organisation & institute exercising govermental are not allowed to file any case, SLP or writ petition in any court or tribunal as per section 499 of the Indian Penal COde, 1860.

So can we say that the abovemention authority can't file a case, suit, SLP or writ petition whether civil or criminal in any court or any tribunal in case of defamation.


Because as per section 499 of the said act any person, company,association or collection of persons are referred & no government company or assocaition or collection of persons are referred ?

The exact of the section 499 of the Indian Penal Code, 1860 is as follows :

Section 499. Defamation.-- Whoever by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person. Explanation 1.- It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the fellings of his family or other near relatives. Explanation 2.- It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such. Explanation 3.- An imputation in the form of an alternative or expressed ironically, may amount to defamation. Explanation 4.- No imputation is said to harm a person' s reputation, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a lothsome state, or in a state generally considered as disgraceful.

Thanks In Advance.

GOd Bless U All.

Anonymous   06 March 2011 at 17:18

anticipatory bail????

what is anticipatory bail??
How i apply to get it in court??
what is the procedure??
Is any (which) problem(genreal) faces to get it ?
Actualy i want it because one person try to hurt me by parcha bayan (24no) submit in police station and SHO ask me to compromise, but i m not ready.
So how i avoid to arrest.
Plz sugest
Thanks

anup mandal   06 March 2011 at 02:21

regarding cast certificate

dear sir,
my self born and built up in chhattisgarh as my parents came here before my birth for the seek of job. my parents are belongs from west Bengal, as they are from schedule caste of west Bengal, they have their cast certificate, so could you tell me the procedure by which i also can get caste certificate from west Bengal as i am not living over there.

Sarika   05 March 2011 at 12:23

moot court case

The Pre-conception & Prenatal Diagnostic Techniques (Prohibition of Sex SElection ) Act, 1994, SS.2, 3A, 4(5) and 6 are challenged as violation of fundamental rights under articles 14, 21 by MR. & Mrs. Mehta. The case is before Mumbai high Court. Argue the Matter

Anonymous   04 March 2011 at 14:47

what is constitutional Law?

what is constitutional Law?

Anonymous   04 March 2011 at 14:09

RTI

I am HM (PIO) of a government aided school, One of my teacher is asking personal information like appointment order, service book etc., pertaining to a Class IV employee.
Do I have to seek the permission from the Class IV employee? If he says information should not be given? What reply is to be given to applicant?

Bhawani Mahapatra   03 March 2011 at 17:31

Difference between PIL & Writ

Dear Experts

Please tell in details the difference between PIL & writ.

BAALASUBRAMANNYAMM   03 March 2011 at 17:01

About Changing of Bench in Supreme Court.

Respected Experts,

When the consisting of two judges bench in Supreme Court, generally will change. One of my colleague said that two judges bench will change, only after every summer vacations. I don’t know whether it is correct or not. Plz. Clarify.


Anonymous   02 March 2011 at 19:48

clubbing

dear distinguished experts,
i'd be grateful to you if you could kindly answer my query.
i want to know whether an appeal from an order dismissing an application under s.319 of cr.p.c. and a writ petition challenging the validity of a statute be clubbed by the high court.and if yes, how would be the name of the case like?

NOTE: things in both the matters are related.

Anonymous   28 February 2011 at 15:45

Appropriate Writ

A person is selected for the post of clerk in government dept. though he is not qualified, Another person possessing required qualification had also applied but has not been selected.

In this case which writ should be filed?

According to me the writ to be filed should be that of quo warranto.

Kindly suggest.


Thanks in advance