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

2025 Supreme(Chh) 267

HIGH COURT OF CHHATTISGARH, BILASPUR 
NARENDRA KUMAR VYAS, J.
Hitesh Bhai Patel, S/o. Shri G.B. Patel – Appellant
Versus
Nandkishore Khandelwal Alias Nandu – Respondent
FA No. 266 of 2018
Decided On :  26-11-2025

Advocates Appeared:
For the Appellants :Mr. B.P. Sharma, Mr. Vivek Chopda and Mr. M.L.Sakat, Advocates
For the Respondents:Mr. T.K. Jha and Mr. Tapan Kumar Chandra, Advocates

Defamation claims require clear evidence linking the defendant to the published statements, and failures to prove such connections result in dismissal.

Headnote:(A) Civil Procedure Code, 1908 - Section 96 - Defamation - Plaintiff's suit for damages of Rs.10,00,000/- dismissed by trial court due to lack of evidence linking defendant to defamatory publications. Defamation claims require proof of intentional publication and malice, which was not established in this case - Non-examination of newspaper editor fatal to plaintiff's case. (Paras 11, 12, 16, 20)

(B) Legal principles - Mere newspaper publication does not constitute sufficient evidence to support defamation claims; the plaintiff must demonstrate intent and publication responsibility. (Paras 11, 20)

(C) Remand request under Order XLI Rule 23 denied as plaintiff had ample opportunity to present evidence. (Paras 8, 21)

Facts of the case:
Plaintiff, a contractor, claims damages for defamation following a false complaint by the defendant alleging threats and extortion, which led to mental anguish and loss of contract work. (Paras 3.A-3.E)

Findings of Court:
The trial court found that the plaintiff failed to prove the defendant's involvement in the defamatory publication or demonstrate damage to reputation. (Paras 11, 12, 20)

Issues: The court examined whether the trial court's dismissal of the suit was justified given the lack of evidence linking the defendant to the defamatory acts.

Ratio Decidendi: The court emphasized the necessity of proving the defendant's direct link to the publication of the defamatory statements. Mere accusations without solid proof and credible evidence of publication responsibility do not suffice in defamation cases. (Paras 12, 20)

Result: Appeal dismissed.

Table of Content
1. plaintiff's reputation due to father's legacy and actions. (Para 3)
2. defendant's alleged malicious actions harming plaintiff. (Para 4 , 5)
3. arguments regarding trial court's judgment. (Para 7 , 9)
4. need for concrete proof in defamation cases. (Para 15 , 16 , 17 , 18 , 19)
5. no case for remand established; appeal dismissed. (Para 20 , 21)

Judgment :

Narendra Kumar Vyas, J.

1. This is the plaintiff’s first appeal filed under Section 96 of the Code of Civil Procedure, assailing the judgment and decree dated 20.02.2018 passed by the learned 8th Additional District Judge , Durg (C.G.) in Civil Suit No. 189-B/2007 whereby learned trial Court has dismissed the suit for loss of damages to the tune of Rs.10,00,000/-

2. The parties are referred to as described in the civil suit before the learned trial Court.

3. The brief facts as reflected from the plaint’s averments are that:-

3.A)The plaintiff filed the civil suit mainly contending that his father was a contractor at the Bhilai Steel Plant (BSP) since 1965 under the name and style of the firm M/s G.B. Patel. He enjoyed an excellent reputation among BSP officials and within the business community for the quality and diligence with which he executed contractual work. He also took active interest in social service and contributed personally and financially wherever required. His family similarly enjoyed high standing within the Gujarati community as well as in the social and business circles of the city. He was a peace-loving and kind-hearted person.

3.B)It is stated that the plaintiff assisted his father in the BSP contractual work during his lifetime and, after his father’s death in 1998, completed all pending contractual obligations in an respectable manner. Subsequent to his father’s demise, the contracting firm came to be transferred in the name of his mother, who continues to execute BSP contracts under her own name, though the plaintiff manages the firm on her behalf. The firm has an annual turnover of approximately Rs. 1½ - 2 crores.

3.C)The plaintiff resides at Malviya Nagar, a prominent colony of Durg city, where several well-known industrialists, businessmen, contractors, professionals, and social workers reside. The plaintiff and his family members maintain cordial and respectable relations with all such dignitaries.

3.D)It has been further contended that the defendant, who is also a contractor at Bhilai Steel Plant, has long harboured jealousy towards the plaintiff due to business competition and has been attempting to harm him, therefore, the defendant maliciously lodged a false report at Police Station Bhatti-Bhilai on 03.04.2003, although the case was not registered. The next day, on 04.04.2003, the defendant submitted a written complaint against him and his employees Venus Saima and Dharmendra Yadav to the Senior Superintendent of Police, Durg, levelling false, fabricated and defamatory allegations against them alleging that they had given threats to life, they have made extortion demands, and interfered in tender process. A case was registered under Section 507 IPC based on the said complaint. Copies of this defamatory complaint were circulated to several high authorities, including the Collector, Inspector General, Director General of Police, the Home Minister, the Chief Minister and the Union Deputy Prime Minister. A copy was also sent to BSP management. It is stated that these allegations tarnished the plaintiff’s image before senior police officers, district administration, State Government authorities, Ministers, and other dignitaries with whom the plaintiff had regular contact due to his social, religious, political, and press-related work. Sending copies to BSP officers further damaged his reputation within the Plant establishment. It is next stated that, without awaiting the results of the police inquiry, the defendant, out of malice and jealousy, deliberately published false and defamatory news in local daily newspapers on 05.04.2003, resulting in

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 Back to top