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2017 Supreme(Gau) 1262

AJIT BORTHAKUR
HAIDER HUSSAIN – Appellant
Versus
RAMESH SAIKIA – Respondent


Advocates Appeared:
For the Appellants :A.D. Choudhury, Advocate.
For the Respondent:P. Bora, Advocate.

JUDGMENT :

Ajit Borthakur, J.

This First appeal of 2004 has been preferred against the judgment and decree, dated 11.08.2004, passed by the learned Civil Judge (Senior Division) at Golaghat, Assam in Money Suit No. 13 of 2001, whereby the plaintiff/respondent's suit is decreed for Rs. 1 (one) crore as compensation for publishing the alleged defamatory news item.

2. The defendant/appellants' case, precisely, is that the plaintiff/respondent instituted a Money Suit, being M.S. No. 13/2001, on 12.12.2001, before the Court of learned Civil Judge, (Senior Division) at Golaghat praying for a decree of Rs. 1 (one) crore shown in the schedule of the plaint with interest @ 18% from the date of institution of the suit till final recovery, on account of publication of the alleged defamatory and false news items in their vernacular daily, namely, 'Asomiya Pratidin' in its issues, dated 11.07.2001,13.07.2001, 14.07.2001 and 21.07.2001, under the captions stated below-

" Be-Ce-Elor Bisoya Apaharanar Chesta"

"Golaghat Hotelot Sulphar Tandob" (issue dated 11th)

"Dhora Pora Nai Polatak Ramesh" (issue dated 13th)

Sulpha Rameshor Ambulance"

"Dispur Mantri-Bidhayakar Duare Duare Sulpha" (issue dated 20th).

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