Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.DHANABAL
Daulat Jain S/o Late Sardarmallji Jain – Appellant
Versus
Times of India Rep. by its Editor, Chennai – Respondent
| Table of Content |
|---|
| 1. nature of the plaintiffs' business and allegations against them. (Para 2) |
| 2. defendants' arguments regarding limitation and factual reporting. (Para 3 , 4 , 5) |
| 3. issues framed for determination by the court. (Para 6 , 7) |
| 4. plaintiffs' claims regarding google’s role and indexation. (Para 8 , 9) |
| 5. court's examination of evidence and dismissal rationale. (Para 10 , 11 , 12 , 13 , 14) |
| 6. final ruling and order of the court. (Para 15) |
JUDGMENT :
1. This Suit has been filed by the Plaintiffs for the reliefs of (a) permanent injunction restraining the defendants or others their men, agents, servants or any other person or persons claiming through them from publishing/posting any articles in magazines, posters, newspapers, articles in the websites against the plaintiffs and their business entities JG Group of Companies, which would tarnish the goodwill and reputation of the plaintiffs connecting them to the alleged 2G Scam; (b) For a Mandatory Injunction directing the defendants or others to permanently remove the defamatory contents tarnishing the Plaintiffs and their business entities Doulat Jain, Rajesh Jain, Mahesh Jain and JG Group of Companies from their websites in re
An intermediary is not liable for defamation if it merely indexes information and is unaware of the defamatory content, necessitating specific identification of such content to establish cause of act....
The court ruled that the right to freedom of speech takes precedence over defamation claims unless a strong prima facie case is established, underscoring the necessity to balance fundamental rights.
The right to freedom of speech and expression is protected, but it does not entitle anyone to resort to speech that is defamatory. In a defamation suit, the Defendant has the burden of proving the tr....
An intermediary, such as the petitioner, is entitled to claim protection under Section 79 of the I.T. Act when compliance with the 'due diligence' requirement under Rule 3 of the I.T. Guidelines is e....
Pornographic website – Social media account compromised - Removal or access disablement of offending content to be effective even within India, a search engine must block the search results througho....
Interim injunctions must meet the triple test: prima facie case, balance of convenience, and irreparable loss; ex-parte orders are justified in defamation cases where urgent protection is needed.
The court found the plaintiff established a prima facie case of copyright infringement, while defendants claimed fair use and truth defenses for defamation, necessitating a trial to assess merits.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
