1923 Supreme(Mad) 39

IN THE HIGH COURT OF MARAS
Spencer
M.R. Krishnamurthy Aiyar
Versus
C.V. Parasurama Aiyar
Decided On : 26 January, 1923

The court discussed the jurisdiction for the offence of defamation when a letter is posted in one place with the intention of being read in another, and referred to relevant legal provisions and English cases to support its decision.

Headnote:

Defamation - Jurisdiction - The court discussed the jurisdiction for the offence of defamation when a letter is posted in one place with the intention of being read in another. The court referred to Sections 179 and 182 of the Code of Criminal Procedure and relevant English cases to support its view.

Fact of the Case:

The complainant alleged defamation based on a letter posted in Madras with the intention of being read in Tinnevelly.

Finding of the Court:

The court found that the offence of defamation in this scenario is triable either in Madras or in Tinnevelly, as the accused had done all in his power towards publication and had lost control of the letter when committed to the post.

Issues: Jurisdiction for the offence of defamation when a letter is posted in one place with the intention of being read in another.

Ratio Decidendi: The court referred to Sections 179 and 182 of the Code of Criminal Procedure, as well as English cases, to support its finding on the jurisdiction for the offence of defamation.

Final Decision: The third Presidency Magistrate was directed to take the complaint on his file and dispose of it according to law.