GOVINDA MENON, BALAKRISHNA AYYAR, BASHEER AHMED SAYEED
Narayana Aiyar – Appellant
Versus
G. Veerappa Pillai – Respondent
Govinda Menon, J.-We think that the point of law involved in this case on which there is a conflict of opinion should be decided by a Full Bench. The decision of Leach, C.J., and Chandrasekhara Aiyar, J., in Nallappa Goundan v. Chinnammal1, runs counter to four earlier decisions Shanmugasundaram Pillai v. Manicka Mudaliar2, and Ammana Sastri v. Sitaramayya3 and Gurubasayya v. Siddalingappa4 and Ramaswam Konar v. Nachiar Ammal5. Recently one of us considered the point in Criminal R.C. No. 1524 of 1949 and distinguished the case in Nallappa Goundan v. Chinnamali1 The same case was considered in Chinnayya Goundan v. Emperor6. Sen, J., of the Calcutta High Court in Bushan Singh v. Ram Nagina Singh7, expresses the opinion that where an offence of defamation is committed by a person during the course of a proceeding in Court, no complaint under section 500 can be made against that person, except under a complaint filed by the Court of the Officer concerned under section 195 of the Criminal Procedure Code. The ratio decidendi of quite a large body of case law, namely, Manjayya v. Sesha Chetti8, Perianna Muthirian v. Vengu Aiyar9, In re Ravanappa Reddi10 and Dholliah v. Sub-Inspect
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