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H. P. SANDESH
Shumita Deb W/o Mr. Jnan Ranjan Deb – Appellant
Versus
Gautam Bhattacharya – Respondent
JUDGMENT :
H.P.Sandesh, J.
This miscellaneous first appeal is filed challenging the order dated 31.08.2024 passed on Issue No.5 as affirmative in coming to the conclusion that the Court has no territorial jurisdiction to try the suit and returned the plaint to present the same before the competent Court of law within sixty days in O.S.No.985/2017 by the LX Additional City Civil and Sessions Judge, Bengaluru.
2. Heard the learned counsel appearing for the respective parties.
3. The factual matrix of the case of the plaintiffs/appellants is that the suit is filed against the defendants for the relief of permanent injunction restraining defendant Nos.1 to 5 from reprinting, circulating or modifying and publishing in any manner whatsoever the defamatory, false and man-aligning content contained in introductory page 54 and chapter even (7th) of the book page 145 to 154 about late Manna Dey and published in the book “Tarader Sesh Chitthi” (Star’s last letter) and also sought permanent injunction against defendant No.6 to air or communicate in any manner any content specified in infringing book and also mandatory injunction against defendant Nos.1 to 5 and also direction to furnish true and f
The court ruled that a suit for defamation can be filed in the jurisdiction where the defamatory material is circulated, regardless of where it was published.
The court determined that in cases of electronic defamation, jurisdiction lies where the wrongful communication is felt, affirming that plaintiffs have a choice to sue where the offense occurred or w....
Defamation suits can be filed in the jurisdiction where the reputational harm is felt, under Section 19 of the Code of Civil Procedure, without needing leave under Clause 12 of the Letters Patent.
The jurisdiction for defamation suits is determined by where the alleged defamatory impact occurs, asserting the importance of substantiated claims regarding the distribution and consequences of defa....
The court ruled that without a part cause of action occurring within its jurisdiction, the plaint for defamation could not be maintained, highlighting jurisdictional boundaries as dictated by Section....
Jurisdiction in defamation suits depends on where the cause of action arises, affirming the plaintiff's right to sue in the court of her residence amidst conflicting claims.
Jurisdiction in defamation cases, particularly online, must align with both the location of the wrong and the residence of the defendants, mandating the plaintiff to file in the appropriate jurisdict....
The jurisdiction of a defamation suit depends on where the wrong was committed, and plaintiffs must establish jurisdiction based on actual residency and occurrence of harm.
The balance between the right to privacy and freedom of expression must be upheld, emphasizing that claims of defamation require full trial for verification.
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