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IN THE HIGH COURT AT CALCUTTA
KRISHNA RAO
CESC Limited – Appellant
Versus
3 Cheers Entertainments Pvt. Ltd. – Respondent
JUDGMENT :
Krishna Rao, J.
1. The plaintiff is a Company incorporated under the Companies Act, 1956 and is engaged in the business of generation, transmission, distribution and supply of electricity within the city of Kolkata and its adjoining districts in West Bengal, by virtue of an agreement between the State of West Bengal and the plaintiff.
2. The defendant no.1 is a Company, namely, 3 Cheers Entertainments Private Limited, engaged in telecasting a daily programme “Khoj Khabar” on Akash Bangla Channel, wherein the defendant no.2 is the Director of the defendant no.1 and the defendant no.3 is the anchor person/presenter of the said “Khoj Khabar” programme.
3. The daily programme used to telecast between 10 p.m. and 10.30 p.m.in the evening and with a repeat telecast in the following day morning between 8.55 a.m. and 9.25 a.m.
4. On or about 12th March, 2004 at 10 p.m., the defendants started its programme “Khoj Khabar” published and telecast by stating that the defendants had launched a campaign to stop the “Mafia – giri” of CESC Ltd., and accused the State Government and the administration to having handed over the bare minimum right of enjoying electricity of the public at large t
A broadcaster who retains the contractual right to edit content is legally liable for defamatory statements contained therein. Failure to exercise editorial care, combined with the selective publicat....
News alleging public servant corruption not defamatory if in good faith for public good, based on withheld information about public funds, with prior civil suit dismissal on same facts attaining fina....
A claimant in defamation does not need to prove fame to seek damages; jurisdiction was properly assessed under CPC provisions.
In defamation cases, the Plaintiff must prove that the statements were defamatory, referred to him, and were published to third parties; failure to do so results in dismissal of the claim.
A plaintiff must substantiate claims of defamation with specific allegations and evidence of reputational harm, which cannot be based merely on general assertions or unverified statements.
The right to free expression by the press is not absolute and must be balanced against an individual's right to privacy and reputation; defamatory statements must be substantiated.
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