SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2020 Supreme(Cal) 407

DEBANGSU BASAK
Atul Kumar Pandey – Appellant
Versus
Kumar Avinash – Respondent


Advocates Appeared:
Dipak Prahladka, Advocate, Aindrila De, Advocate, Chayan Gupta, Advocate, Rajesh Upadhyay, Advocate

JUDGMENT

Debangsu Basak, J. - Two applications have been heard analogously as they are in the same suit. GA No. 507 of 2018 is an application at the behest of the defendant seeking dismissal of the suit. GA No. 33 of 2019 is an application of the plaintiff claiming that the defendant is guilty of perjury. The leaving was concluded on February 3, 2020. By the time the judgment was made ready the country went into lockdown due to COVID-19.

    2. Learned advocate appearing for the defendant has submitted that, the cause of action of the present suit is barred by law. He has submitted that, the plaintiff in the plaint claims that, the defendant made a statement in an application seeking divorce from his wife which is allegedly defamatory. According to him even by taking the statements made in the plaint to be true and correct, the cause of action of the plaintiff is barred by law. Contents of a pleading in a judicial proceeding are protected by absolute privilege. A civil action for defamation does not lie in respect of a statement made in a pleading filed in a judicial proceeding. In support of his contentions, learned advocate appearing for the defendant has relied upon a passage from Ga

                                                                                          Click Here to Read the rest of this document
                                                                                          1
                                                                                          2
                                                                                          3
                                                                                          4
                                                                                          5
                                                                                          6
                                                                                          7
                                                                                          8
                                                                                          9
                                                                                          10
                                                                                          11
                                                                                          SupremeToday Portrait Ad
                                                                                          supreme today icon
                                                                                          logo-black

                                                                                          An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

                                                                                          Please visit our Training & Support
                                                                                          Center or Contact Us for assistance

                                                                                          qr

                                                                                          Scan Me!

                                                                                          India’s Legal research and Law Firm App, Download now!

                                                                                          For Daily Legal Updates, Join us on :

                                                                                          whatsapp-icon telegram-icon
                                                                                          whatsapp-icon Back to top