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2011 Supreme(Bom) 1306

ROSHAN DALVI
Kokan Unnati Mitra Mandai – Appellant
Versus
Bennet Colemna & Co. Ltd. – Respondent


Advocates Appeared:
Mr. RAJENDRA PAI a/w. Mr. RAJENDRA DESAI a/w. Mr. VIKRAM TRIVEDI a/w.
Mr. F AISAL SAYYED a/w. Mr. ALOUKIK PAI a/w. Mr. MAY1.JR BHOJWANI a/w.
Ms. VISHNUPRIY A KUMAR i/b. M.K. AMBALAL & CO., Advs. for the Plaintiffs Dr. V.V. TULZAPURKAR, Sr. Advocate alw. Ms. ALPANA GHONE i/b. KANGA & CO., for Defendants

JUDGMENT:- The Plaintiff No.1 is a registered society having Plaintiffs 2 to 13 as its trustees. Plaintiff No.2 is the Chairman of the Society and served as the Chief Minister of the State of Maharashtra immediately prior to the cause of action having arisen in this suit. Defendant No.1 is the owner of the newspaper "Times of India" and its Marathi publication and Defendants 2 to 4 are the Editor, Printer and Photographer respectively of the publications. The Defendants together shall be referred to as the Defendants.

2. The Defendants published an article and two photographs in its newspaper publication dated 3rd April 1982 which the Plaintiffs claim as defamatory per se. The Plaintiffs also claim that the article carries an innuendo with regard to certain activities alleged to have been carried out by the Plaintiff No.2 in the capacity as the then Chief Minister.

3. During the tenure of Plaintiff No.2 as such Chief Minister there were certain allegations made and petitions filed by certain parties alleging certain corrupt practices of Plaintiff No.2 in respect of the allotment of cement which was at the relevant time, a rationed commodity under the Essential Commodities Act. On 11t






































































































































































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