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1940 Supreme(Mad) 208

KING
Bapalal and Co. – Appellant
Versus
A. R. Kishnaswami Aiyar – Respondent


JUDGMENT

King, J.

1. This appeal arises out of a suit riled by respondent against the appellants for damages for defamation. The facts may be stated very briefly. Respondent, a Medical Practitioner in Madras took some diamonds from the appellants a firm of jewellers, on approval in April, 1936. On 25th May appellants presented him with an invoice for their cost. By 27th September, the diamonds had not been paid for. On that day the appellants sent a letter to the Inspector of Police, Flower Bazaar Police Station, which is claimed by respondent to be defamatory, as being equivalent to a charge against him of criminal breach of trust. In their written statement appellants contended that this communication was privileged, having been sent bona fide with the sole purpose of protecting their own interests. The learned City Civil Judge held that the occasion was privileged and if the letter were in fact bona fide the suit must be dismissed, but he held further that the letter did not state the true facts; that there was an outright sale on 25th May; and that the appellants were maliciously referring to the Police for investigation what they knew could be only the subject-matter of a civil




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